A coalition of a dozen Democratic lawmakers, including New York City representatives Dan Goldman and Adriano Espaillat, has filed a lawsuit against the Trump administration for limiting their access to ICE holding facilities, despite a federal law granting them such access.
The lawsuit, filed in federal court in Washington, D.C., aims to challenge recent policy changes that require Congress members to provide advance notice before visiting ICE facilities and outright bars them from locations like the 10th floor of 26 Federal Plaza, where numerous immigrants are held daily.
Goldman and Espaillat, alongside seven other House Democrats from Texas, Colorado, and California, assert that they are entitled by federal law to visit any Department of Homeland Security location that detains or houses noncitizens.
The filing comes amid growing concerns regarding the conditions faced by immigrants at 26 Federal Plaza, especially as ICE detention rates have surged in recent times.
ICE maintains that the 10th floor serves as a critical processing area for individuals detained during mandatory check-ins or during immigration raids in New York City.
Advocates for immigrants have expressed alarm over reports of inadequate access to food and medical care, as well as the problem of overcrowding within the facility.
In a video published recently by THE CITY, a detainee inside the facility documented a cramped environment with dozens of men lying on the floor and occupying benches, accessing only two toilets separated by a low wall.
Data on ICE detention collected by THE CITY highlights that many detainees are spending, on average, about 29 hours in the holding facility, with some individuals remaining for as long as eight days without access to showers or changing clothes, alongside limited food options.
Efforts to access the facility commenced when Espaillat and Rep. Nydia Velázquez attempted to visit the floor on June 8.
Goldman later joined Rep. Jerry Nadler in an attempt to enter on June 18, nine days after prior email requests for access were made to ICE, but all four lawmakers faced denial of entry.
During the June 18 incident, Goldman and Nadler were able to spend approximately 15 minutes in the lobby of 26 Federal Plaza, where they were informed by William Joyce, the deputy director of the New York ICE field office, that detainees often spent days in the lobby area as ICE facilities were reaching full capacity.
Espaillat and Velázquez made another attempt to access the facility on July 14, only to be refused entry again.
In a statement regarding the lawsuit, Assistant Secretary of the Department of Homeland Security, Tricia McLaughlin, suggested that the members of Congress could have simply scheduled a tour instead of resorting to legal action.
McLaughlin emphasized that surges in assaults and disruptions faced by ICE law enforcement necessitate that requests for tours of processing centers must be approved by the Secretary of Homeland Security.
Additionally, she argued that to respect the President’s authority to oversee executive functions, requests should be made with adequate notice to ensure there is no interference.
She claimed that a week’s notice is sufficient unless the Secretary approves a request for a shorter timeframe.
The Department of Homeland Security has maintained that allegations concerning inhumane conditions within the 26 Federal Plaza facility are unfounded, asserting that Congress members’ access is limited because it does not qualify as an official detention facility.
City officials, including City Comptroller Brad Lander and Public Advocate Jumaane Williams, have urged the Department of Buildings and the FDNY to inspect the premises to ensure compliance with local safety codes.
In response, Mayor Eric Adams has stated that the city lacks jurisdiction to inspect federal buildings but has reached out to the General Services Administration (GSA) to request an inspection.
However, a spokesperson for the GSA indicated that they lack the authority to inspect areas under ICE’s jurisdiction, directing inquiries to the Office of the Inspector General at the Department of Homeland Security, which has not yet responded to multiple requests for comments from THE CITY.
image source from:thecity