Democratic Rep. Jason Crow or his staff have been visiting a privately run immigration detention facility in Aurora since July 2019. But when he came to the entrance this past weekend, he was denied entry.
Recounting what happened, Crow said he even went to the facility with a printout of the section of law that ensures a Congress member’s ability to conduct unannounced oversight visits to facilities operated by or for the Department of Homeland Security, such as the GEO facility in Aurora.
“The GEO Corporation employees [Sunday] made it very clear that they were not the ones that were tuning me away. And they in fact seemed kind of nervous about this,” said Crow, recalling they read the copy of the law he brought with him. “And one of them said,’ yeah, it seems pretty clear to me, but we have to call ICE,’ which they did. And it was ICE that refused my admission.”
CPR News reached out to ICE for comment, but did not receive a response. Crow said he wasn’t surprised about being turned away.
“This is an administration that, as a matter of practice, has decided to ignore the law if it doesn't suit them. And they have said that their policy is seven-days advanced notice for members of Congress. That's not the law,” Crow told CPR News. “No administration, Republican or Democrat, can by rule, regulation, order, fiat or just their damn opinion, say that federal law doesn't matter.”
In June, ICE issued new guidelines telling members of Congress to provide at least 72 hours' notice of a visit. The guidance stated that, while Congress can make unannounced oversight visits, ICE field offices “fall outside” of that provision and that ICE “retains the sole and unreviewable discretion to deny a request or otherwise cancel, reschedule or terminate a tour or visit” under certain circumstances.
That guidance has since been taken down, but what remains is May guidance that quotes the law saying members of Congress are not required, “to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight.”
A statement from DHS spokesperson Trisha McLaughlin accompanied the guidance, saying while Secretary Kristi Noem respects congressional oversight authority, members cannot break the law in the name of oversight. “They are not above the law. All members and staff need to comply with facility rules, procedures, and instructions from ICE personnel on site for their own safety, the safety of the detainees, and the safety of ICE employees.”
The tightening of who can enter an immigration detention facility came on the heels of contentious visits by Congressional Democrats to centers, including one that led to a confrontation outside a Newark, New Jersey center that resulted in charges against Rep. LaMonica McIver.
Crow said he’s assessing legal options, but that his office will continue to conduct oversight — both announced and unannounced.
“My job is to get the truth out there, to get the facts out there,” Crow said. “We make laws. We make the budget. We conduct oversight. But I also make things public. That's my job because the public has a right to know what's happening with their taxpayer dollars in their backyard.”
