As outlined in the Further Consolidated Appropriations Act, 2024 (Public Law
118-47), Title V: General Provisions:
SEC. 527. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security
used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting member of Congress or such designated employee, compared to what would be observed in the absence of such modification:
But that's not what the law says.
This week, U.S. Immigration and Customs Enforcement (ICE)
released new guidance on "facility visit and engagement protocol for Members of Congress and staff."
"ICE detention locations and Field Offices are secure facilities. As such, all visitors are required to comply with [identity] verification and security screening requirements prior to entry," it specified. "When planning to visit an ICE facility, ICE asks requests to be submitted at least 72 hours in advance."
This week, four members of Congress who visited the ICE Processing Center in Broadview, Illinois, were apparently
denied access when they arrived. "We have reports that immigrants are being detained here without access to their attorneys, sleeping on the floor and without food," Rep. Chuy Garcia (D–Ill.), one of the members in attendance, alleged in a post on X.
The DHS replied from its official account, "Congressman, all members and staff need to comply with facility rules, procedures, and instructions from ICE personnel on site."
On Wednesday, Reps. Jerry Nadler and Dan Goldman (D–N.Y.)
visited an office in Manhattan where migrants were allegedly being kept, only to be denied entry by Bill Joyce, the deputy director of the field office. Joyce denied it was a detention facility, saying that even though migrants were being kept on-site, ICE was simply
"housing them until they can be detained."
It sounds to me like they are being "otherwise housed".