Overview

• On July 30, twelve Democratic representatives filed suit in the U.S. District Court for D.C. against ICE Acting Director Todd Lyons and DHS Secretary Kristi Noem with support from American Oversight and Democracy Forward.
• They contend that ICE’s weeklong notice requirement and reclassification of certain field offices unlawfully block the unannounced inspections mandated by the 2019 Homeland Security funding bill.
• DHS Assistant Secretary Tricia McLaughlin responded that lawmakers could have scheduled tours and accused them of turning to litigation for clicks and fundraising.
• The lawsuit follows a series of walk-up visits and sit-ins at ICE sites, including Rep. LaMonica McIver’s May 9 Newark inspection attempt, which resulted in her misdemeanor prosecution.
• Judges’ rulings on this case could clarify Congress’s statutory oversight powers and reshape the balance between legislative oversight and executive control of detention operations.