Federal judges have repeatedly barred the Trump administration from preventing members of Congress from visiting immigration detention centers, where detainees have alleged inhumane conditions, lack of access to lawyers, and prolonged stays in prison-like cells. However, during their latest oversight visit, lawmakers were handed a new memo requiring them to “specifically identify” whom they intend to meet and provide at least two business days’ notice.
Congressional Oversight Blocked at Otay Mesa
Democratic Representative Mike Levin told The Independent that the best form of oversight is unannounced visits. On Monday, he and Representative Sara Jacobs were allowed inside California’s Otay Mesa Detention Center near the U.S.-Mexico border but were barred from speaking with any of the hundreds of detainees. “If the public is in the dark, the American people don’t know what’s happening inside these facilities, and you don’t allow unannounced and fully transparent congressional oversight, it just adds to the distrust that people have,” Levin said.
Levin texted the regional ICE director roughly one hour before arriving, noting, “It’s impossible to totally clean up a facility of that size in less than an hour.” When lawmakers requested to meet detainees, staff provided a memo from ICE Acting Director Todd Lyons, dated May 11, which described such visits as “disruptive and resource-intensive,” pulling officers away from law enforcement duties.
ICE’s New Restrictions
The memo states that at least 900 detainees across three large facilities have signed up to meet with Congress, but such requests are “impractical” and require “substantial time and resources.” Lyons wrote, “ICE cannot accommodate congressional meetings with hundreds of detainees without significant disruption to facility operations.” Otay Mesa holds over 1,000 detainees, with an average stay of 130 days, according to figures provided to Levin’s office. California officials have sued for access, and detainees have complained about sleeping on plastic pads on floors and receiving small portions of inedible food.
During his visit, Levin tasted the food and water, calling it “nothing to write home about but not terrible.” He inspected cells, medical care forms, and procedures for contacting Congress, but being unable to hear from detainees directly hinders oversight. “If they turn us away at the door, if they block a conversation we’re entitled to have, we’re going to make sure that the courts know about it,” he warned.
Broader Context of Detention Conditions
Lawsuits across the country allege brutal conditions inside ICE detention centers, which the agency claims are “non-punitive.” Yet many facilities use tools and tactics similar to prisons holding criminals. In 2025, more than 30 people died in ICE detention—the deadliest year in over two decades—and at least 18 have died so far in 2026. Suits also cite unsanitary cells, lack of legal counsel, measles outbreaks, and medical mistreatment of children in family detention camps.
Homeland Security officials have defended care levels while urging immigrants to “self-deport.” Last week, the Trump administration announced plans to close the Office of the Immigration Detention Ombudsman, an independent watchdog, citing funding lapses after the government shutdown.
Legal Battles Over Access
One day after a federal officer fatally shot Renee Good in Minnesota, then-Homeland Security Secretary Kristi Noem issued a policy requiring one week’s notice for congressional visits, claiming Trump’s spending bill manages such visits. A federal judge twice ruled against the administration, stating that federal spending laws allow unrestricted visits without notice—a key oversight tool. Last week, a federal appeals court unanimously upheld that impromptu visits cause only “administrative inconvenience,” as Trump-appointed Judge Neomi Rao wrote in a concurring opinion.
Levin and Jacobs plan to continue their efforts. “Stopping now would tell ICE that they’re off the hook with regard to oversight,” Levin concluded. The Independent has sought comment from DHS.
