The Department of Homeland Security (DHS) has introduced new guidance requiring lawmakers to provide 72 hours of notice before visiting Immigration and Customs Enforcement (ICE) facilities, a move prompted by recent confrontations between lawmakers and law enforcement.

Rep. Bennie G. Thompson, the top Democrat on the House Homeland Security Committee, has criticized this new policy, claiming it obstructs congressional oversight of ICE facilities and violates laws that guarantee access.

The updated guidance specifies that it applies only to detention centers, distinguishing them from ICE field offices, which are considered operational workplaces and not subject to the same access regulations.

While ICE maintains that members of Congress can still visit, access may be restricted based on 'operational conditions' and 'security posture' of the facilities.

This policy change comes amid a broader context of heightened tensions surrounding immigration enforcement, particularly under President Donald Trump's administration, which has emphasized a tough stance on immigration.

Democratic lawmakers have faced significant challenges while attempting to conduct oversight, including Rep. LaMonica McIver's recent indictment for interference with immigration officers during a visit attempt.

On June 19, 2025, Illinois representatives Raja Krishnamoorthi and Jonathan Jackson were denied entry to an ICE facility, highlighting ongoing access issues for lawmakers.

Senator Alex Padilla experienced a similar confrontation, being forcibly removed from a press conference while trying to question DHS Secretary Kristi Noem about immigration policies.

In another incident, New York City comptroller Brad Lander was arrested while attempting to shield a migrant from arrest, an action condemned by New York's governor as unfounded.

These incidents reflect a pattern of confrontations between lawmakers and federal agents at ICE facilities, underscoring the contentious atmosphere surrounding immigration enforcement.

Rep. LaMonica McIver's prosecution stems from a confrontation at an ICE facility during a visit intended for oversight, further complicating the relationship between lawmakers and immigration enforcement.

Despite established laws allowing Congress members to conduct surprise inspections of ICE facilities, the new guidance from DHS raises concerns about transparency and accountability in immigration enforcement.