The Department of Homeland Security (DHS) has enacted a new visitation policy that restricts members of the United States Congress from making unannounced visits to immigration detention facilities, notably affecting a center in Minneapolis. This directive follows a memorandum issued by DHS Secretary Kristi Noem on January 8, which calls for congressional visits to detention centers to be proactively scheduled at least seven days before the intended date.
Federal statutes grant lawmakers the right to conduct surprise inspections of Immigration and Customs Enforcement (ICE) detention sites, a principle reaffirmed by a recent federal court ruling in Washington, D.C. This judgment clarified that the right applies to those detention facilities financed under standard congressional appropriations. However, Secretary Noem’s memo highlights that Minneapolis ICE centers receive funding from a separate federal source—a legislative act known as the One Big Beautiful Bill Act—asserting this distinction nullifies the applicability of the unannounced visit provisions.
The One Big Beautiful Bill Act, a reconciliation package enacted last summer with support exclusively from the Republican caucus, dedicates approximately $45 billion to immigration detention infrastructure to address overcrowding issues. Additionally, it allocates around $30 billion toward augmenting ICE staffing, covering transportation expenses, and facility maintenance.
In her memorandum, Secretary Noem emphasized that the advance notice policy aims to safeguard congressional members, their aides, detained individuals, and ICE personnel by preventing disruptions. She noted that unscheduled visits necessitate diverting ICE agents from their regular responsibilities, potentially impairing operations. The memo further criticized certain oversight efforts, labeling them as "circus-like publicity stunts" that foster disorderly circumstances and escalate tensions within the facilities.
Enforcement of this visitation directive is explicitly linked to the utilization of funds from the One Big Beautiful Bill Act, ensuring that any visit to facilities financed by this legislation adheres to the new seven-day advance notice rule.
This policy was reportedly invoked on a recent Saturday when three Democratic congresswomen from Minnesota—Reps. Ilhan Omar, Angie Craig, and Kelly Morrison—attempted to access the ICE detention center located within the Whipple Federal Building in Minneapolis. Initially permitted entry, the delegation was subsequently requested to exit and barred from conducting their tour.
Immediately prior to the visit, Minneapolis was unsettled by an incident where an ICE agent fatally shot a 37-year-old woman, Renee Good, inside her vehicle. The administration maintains the agent's actions were in self-defense. Meanwhile, more than 2,000 federal immigration officers have been deployed to Minnesota, with possibilities of additional personnel arrivals in the near future.
Representative Angie Craig conveyed that officials at the facility indicated the center operates using funds from the One Big Beautiful Bill Act, thus prohibiting unannounced visits. She strongly affirmed Congress’s duty to ensure the humane treatment of detainees, expressing concerns about the administration’s management of immigration detention.