detention facility

As the Trump administration continues to ramp up immigration enforcement actions, a group of lawmakers is suing Immigration and Customs Enforcement for placing restrictions on detention center visits — obstructing Congress’ role in overseeing government functions.

Twelve House Democrats filed a lawsuit challenging new guidelines that require advance notice for oversight visits and render certain facilities off-limits. “No child should be sleeping on concrete, and no sick person should be denied care,” said Rep. Jimmy Gomez (D-Los Angeles). “Yet that’s exactly what we keep hearing is happening inside Trump’s detention centers.”

These lawmakers are right to seek access to detention facilities. Detention centers have long been plagued by poor conditions, so the need for oversight is urgent. With record numbers of migrants being detained, the public has a right to know how people in the government’s custody are being treated.

The U.S. operates the world’s largest immigration detention system, at a cost of $3 billion a year. This money is appropriated by Congress — and comes with conditions.

Under existing law, none of the funds given to Homeland Security may be used to prevent members of Congress from conducting oversight visits of “any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.” In addition, the law states that members of Congress are not required to “provide prior notice of the intent to enter a facility.” So ICE’s attempt to place limits on oversight appears to be illegal.

The restrictions are also problematic because they claim to exempt the agency’s field offices from oversight. However, migrants are being locked up in such offices, including at the Edward R. Roybal Federal Building in Los Angeles, and 26 Federal Plaza in New York City. In the former, one detainee reported being fed only once a day, at 3 a.m. In the latter, as many as 80 detainees have been crammed into a single room amid sweltering summer temperatures. These offices were never set up to house people overnight or for days or weeks. If they are functioning as de facto detention centers, then they must be subject to inspections.

Congressional oversight of immigration detention is vital right now. The current capacity for U.S. detention facilities is 41,000. Yet the government was holding nearly 57,000 people as of July 27. That means facilities are far over capacity, in a system that the Vera Institute of Justice describes as “plagued by abuse and neglect.”

No matter who is president, conditions in immigrant detention are generally abysmal. Migrant detention centers have been cited for their lack of medical care, poor treatment of detainees, and physical and sexual violence. In 2019, the federal government itself reported that conditions in detention were inhumane. At least 11 people have died in detention since January. This reality cries out for more transparency and accountability — especially because Homeland Security laid off most of its internal watchdogs earlier this year.

The ranks of detainees include asylum-seekers, teenagers, DACA recipients, pregnant women, journalists and even U.S. citizens. Most of the detainees arrested lately have no criminal convictions. These folks are often arrested and moved thousands of miles away from home, complicating their access to legal representation and family visits. A visit by a congressional delegation may be the only way to ensure that they are being treated properly.

In response to the lawsuit by House Democrats, Tricia McLaughlin, a spokesperson for Homeland Security, said: “These members of Congress could have just scheduled a tour. Instead, they’re running to court to drive clicks and fundraising emails.” She added that ICE was imposing the new limits, in part, because of “obstructions to enforcement, including by politicians themselves.”

McLaughlin might have been referring to a May scuffle outside a Newark, N.J., detention center that led to charges being filed against Rep. LaMonica McIver (D-N.J.) and the arrest of the city’s mayor. But this incident would not have occurred if immigration officials had followed the law and allowed lawmakers inside to survey the facility’s conditions.

Indeed, the acting director of ICE, Todd Lyons, told a congressional hearing in May that he recognized the right of members to visit detention facilities, even with no notice. And the notion that any government agency can unilaterally regulate Congress runs afoul of the Constitution. The legislative branch has the right and obligation to supervise the executive branch. Simply put, ICE cannot tell members of Congress what they can or cannot do.

The need for oversight in detention facilities will only become greater in the future, as Congress just approved $45 billion for the expansion of immigrant detention centers. This could result in the daily detention of at least 116,000 people. Meanwhile, 55% of Americans, according to the Pew Center, disapprove of building more facilities to hold immigrants.

ICE’s new policies violate federal law. No agency is above oversight — and members of Congress must be allowed full access to detention facilities.

Raul A. Reyes is an immigration attorney and contributor to NBC Latino and CNN Opinion. X: @RaulAReyes; Instagram: @raulareyes1

One of the two detainees still missing after escaping from a New Jersey federal immigration detention center has been arrested, the FBI said Tuesday.

Franklin Norberto Bautista-Reyes, from Honduras, has been taken into custody, FBI spokesperson Amy Thoreson said in an email. Andres Felipe Pineda-Mogollon, from Colombia, is still missing from Thursday night’s escape, the bureau said.

Bautista-Reyes and Pineda-Mogollon and two other men busted out of the Delaney Hall detention center in Newark during reports of disorder there by breaking through a wall and escaping from a parking lot, according to U.S. Sen. Andy Kim, a New Jersey Democrat, and Homeland Security officials.

All four men were in the country illegally and had been charged by local police in New Jersey and New York City, federal officials said.

Bautista-Reyes was charged in May with aggravated assault, attempt to cause bodily injury, terroristic threats and a weapon crime. Pineda-Mogollon, from Colombia, was charged with minor larceny and burglary crimes.

The details surrounding Bautista-Reyes’ capture were not immediately clear. Messages seeking information were sent to the FBI and the Homeland Security Department, which oversees Immigration and Customs Enforcement.

The FBI on Monday had increased the reward for information leading to their arrest to $25,000 from $10,000.

Joel Enrique Sandoval-Lopez, one of the other fugitives, was taken into custody in Passaic, N.J., on Friday, the day after the escape in nearby Newark. Then, on Sunday, Joan Sebastian Castaneda-Lozada surrendered to federal authorities in Milleville, N.J. Sandoval-Lopez, from Honduras, was charged with unlawful possession of a handgun in October and aggravated assault in February, officials said. Castaneda-Lozada, from Colombia, was charged with burglary, theft and conspiracy, authorities said.

A message seeking comment on behalf of the men was left Tuesday with the New Jersey public defender’s office. It’s unclear who may be representing the men.

Newark Mayor Ras Baraka, a Democrat who’s been critical of President Trump’s immigration crackdown, cited reports of a possible uprising and escape after disorder broke out at the facility Thursday night and protesters outside the center locked arms and pushed against barricades as vehicles passed through gates. Much is still unclear about what unfolded there.

But GEO Group, the company that owns and operates the detention facility for the federal government, said in a statement that there was “no widespread unrest” at the facility.

Delaney Hall has been the site of clashes this year between Democratic officials who say the facility needs more oversight and the Trump administration and those who run the facility.

Baraka was arrested May 9, handcuffed and charged with trespassing. The charge was later dropped and U.S. Democratic Rep. LaMonica McIver was later charged with assaulting federal officers, stemming from a skirmish that happened outside the facility. She has denied the charges.

Catalini writes for the Associated Press.

MIAMI — Juan Serrano, a 28-year-old Colombian migrant with no criminal record, attended a hearing in immigration court in Miami on Wednesday for what he thought would be a quick check-in.

The musty, glass-paneled courthouse sees hundreds of such hearings every day. Most last less than five minutes and end with a judge ordering those who appear to return in two years’ time to plead their case against deportation.

So it came as a surprise when, rather than set a future court date, government attorneys asked to drop the case. “You’re free to go,” Judge Monica Neumann told Serrano.

Except he really wasn’t.

Waiting for him as he exited the small courtroom were five federal agents who cuffed him against the wall, escorted him to the garage and whisked him away in a van along with a dozen other immigrants detained the same day.

They weren’t the only ones. Across the United States in immigration courts from New York to Seattle this week, Homeland Security officials are ramping up enforcement actions in what appears to be a coordinated dragnet testing out new legal levers deployed by President Trump’s administration to carry out mass arrests.

While Trump campaigned on a pledge of mass removals of what he calls “illegals,” he’s struggled to carry out his plans amid a series of lawsuits, the refusal of some foreign governments to take back their nationals and a lack of detention facilities to house migrants.

Arrests are extremely rare in or immediately near immigration courts, which are run by the Justice Department. When they have occurred, it was usually because the individual was charged with a criminal offense or their asylum claim had been denied.

“All this is to accelerate detentions and expedite removals,” said immigration attorney Wilfredo Allen, who has represented migrants at the Miami court for decades.

Dismissal orders came down this week, officials say

Three U.S. immigration officials said government attorneys were given the order to start dismissing cases when they showed up for work Monday, knowing full well that federal agents would then have a free hand to arrest those same individuals as soon as they stepped out of the courtroom. All spoke on condition of anonymity because they feared losing their jobs.

AP reporters on Wednesday witnessed detentions and arrests or spoke to attorneys whose clients were picked up at immigration courthouses in Los Angeles, Phoenix, New York, Seattle, Chicago and Texas.

The latest effort includes people who have no criminal records, migrants with no legal representation and people who are seeking asylum, according to reports received by the American Immigration Lawyers Assn. While detentions have been happening over the past few months, on Tuesday the number of reports skyrocketed, said Vanessa Dojaquez-Torres, practice and policy counsel at the association.

In the case of Serrano in Miami, the request for dismissal was delivered by a government attorney who spoke without identifying herself on the record. When the AP asked for the woman’s name, she refused and hastily exited the courtroom past one of the groups of plainclothes federal agents stationed throughout the building.

The Justice Department’s Executive Office for Immigration Review, which oversees immigration courts, referred questions to the Department of Homeland Security. U.S. Immigration and Customs Enforcement, which is part of Homeland Security, said in a statement that it was detaining people who are subject to fast-track deportation authority.

Outside the Miami courthouse on Wednesday, a Cuban man was waiting for one last glimpse of his 22-year-old son. Initially, when his son’s case was dismissed, his father assumed it was a first, positive step toward legal residency. But the hoped-for reprieve quickly turned into a nightmare.

“My whole world came crashing down,” said the father, breaking down in tears. The man, who asked not to be identified for fear of arrest, described his son as a good kid who rarely left his Miami home except to go to work.

“We thought coming here was a good thing,” he said of his son’s court appearance.

Antonio Ramos, an immigration attorney with an office next to the Miami courthouse, said the government’s new tactics are likely to have a chilling effect in Miami’s large migrant community, discouraging otherwise law-abiding individuals from showing up for their court appearances for fear of arrest.

“People are going to freak out like never before,” he said.

‘He didn’t even have a speeding ticket’

Serrano entered the U.S. in September 2022 after fleeing his homeland due to threats associated with his work as an advisor to a politician in the Colombian capital, Bogota, according to his girlfriend, who spoke on condition of anonymity for fear of being arrested and deported. Last year, he submitted a request for asylum, she said.

She said the couple met working on a cleanup crew to remove debris near Tampa following Hurricane Ian in September 2022.

“He was shy and I’m extroverted,” said the woman, who is from Venezuela.

The couple slept on the streets when they relocated to Miami but eventually scrounged together enough money — she cleaning houses, he working construction — to buy a used car and rent a one-bedroom apartment for $1,400 a month.

The apartment is decorated with photos of the two in better times, standing in front of the Statue of Liberty in New York, visiting a theme park and lounging at the beach. She said the two worked hard, socialized little and lived a law-abiding life.

“He didn’t even have a speeding ticket. We both drive like grandparents,” she said.

The woman was waiting outside the courthouse when she received a call from her boyfriend. “He told me to go, that he had been arrested and there was nothing more to do,” she said.

She was still processing the news and deciding how she would break it to his elderly parents. Meanwhile, she called an attorney recommended by a friend to see if anything could be done to reverse the arrest.

“I’m grateful for any help,” she said as she shuffled through her boyfriend’s passport, migration papers and IRS tax receipts. “Unfortunately, not a lot of Americans want to help us.”

Goodman and Salomon write for the Associated Press. AP reporters Martha Bellisle in Seattle, Sophia Tareen in Chicago, Valerie Gonzalez in McAllen, Texas, and Amy Taxin in Santa Ana, Calif., contributed to this report.