lyons

WASHINGTON — A new Immigration and Customs Enforcement policy requires members of Congress to seek advanced approval in order to speak with detainees during oversight inspections at detention facilities.

It’s the latest twist in a months-long effort by ICE to restrict such visits by lawmakers, which have skyrocketed amid the Trump administration’s mass deportation campaign.

California Reps. Mike Levin (D-San Juan Capistrano) and Sara Jacobs (D-San Diego) learned about the new policy when they made a surprise visit on Monday to the Otay Mesa Detention Center in San Diego.

ICE allowed them to enter, Levin said, but when the members asked to speak with detainees, local personnel handed them a memo outlining the new policy — dated the same day and signed by acting ICE Director Todd Lyons.

In it, Lyons calls the visits disruptive and resource-intensive because they pull staff away from law enforcement duties. Lawmakers sometimes request to speak with a particular kind of detainee — for example, people held longer than 90 days — and Lyons said meeting such requests takes up too much time.

“This is an unsustainable burden for ICE employees and a hindrance to ICE operations given the exceptional growth in congressional visits,” he wrote.

Moving forward, members must identify detainees by name at least two business days in advance of a visit and provide a signed consent form from each detainee.

The Department of Homeland Security and ICE did not immediately respond to a request for comment.

Levin said the new policy effectively defeats the purpose of unannounced oversight visits.

“I think it’s a deliberate effort to make sure we don’t hear from people in ICE custody,” he said.

Democratic House members sued the Trump administration last July after they were repeatedly denied access to immigrant detention facilities in California and across the country.

Under federal law, funds appropriated by Congress cannot be used to prevent a member of Congress from entering or inspecting a detention facility operated by or for Homeland Security.

Monday’s unannounced visit was Levin’s first to the Otay Mesa facility since a federal judge in February blocked a previous Trump administration policy requiring members of Congress to give seven days notice before visiting ICE detention centers.

The administration appealed, and on Friday an appellate court in Washington denied the administration’s request to restore the seven-day policy while the case proceeds, saying the government hadn’t provided enough evidence that the visits are harmful.

That win for the lawmakers could be short-lived — the panel of judges who denied the administration’s request also wrote in their order that the members of Congress “have no standing to maintain this lawsuit, so the government is very likely to succeed on the merits of its appeal.”

In the memo on ICE’s new policy, Lyons noted that in the 10 fiscal years before 2025, ICE facilitated roughly 45 congressional visits to detention centers each year.

After Trump took office, the agency facilitated more than 150 visits in fiscal year 2025. As of May 11, ICE had facilitated about 200 congressional visits since the start of this fiscal year.

Levin said the increased visits by himself and other members have become necessary because Homeland Security has slashed the vast majority of staff at the Office for Civil Rights and Civil Liberties, as well as the Office of the Immigrant Detention Ombudsman.

“The volume Lyons is citing is a direct consequence of his own department dismantling all the alternatives,” Levin said. “They gutted the internal oversight and then complained that the external oversight is too active, then issued a memo to restrict it. All of that only makes sense if the goal is no oversight.”

During previous visits, Levin said he would ask for detainees who met specific criteria, such as those held in a unit of the detention center that was the source of complaints to his office. Those detainees would write their names on a sheet of paper if they were interested in speaking with him.

Barred from speaking with detainees, Levin inspected what he could at Otay Mesa on Monday. Levin said he drank the facility’s water (it tasted like regular tap water) and tried the food — chili, salad, corn, chips and cake that won’t “win any culinary awards, but it was fine.”

At one point, Levin said he saw a detainee using a tablet and asked how it works. An employee interjected and reminded him of the new policy, he said.

Observation is a necessary part of any inspection, Levin said, but you don’t really know what’s going on without talking to people in a way that’s unplanned.

The facility held 1,008 ICE detainees — 864 men and 144 women, as well as others in U.S. Marshals Service custody, Levin said. Nearly a third of the detainees were from Mexico, with smaller numbers from Guatemala, China and other countries. On average, they had been detained 130 days.

Levin said he sent the ICE memo to Rep. Joe Neguse (D-Colo.), who is the main plaintiff in the lawsuit over the oversight visits, and lawyers in the case are now reviewing its legality.

Eighteen people have died so far this year in immigrant detention facilities, leaving 2026 on track to be the agency’s deadliest year in more than two decades. Last year, 32 people died in detention facilities.

Since Trump returned to the White House, reports from detention centers have highlighted issues of overcrowding, insufficient medical care and widespread use of force.

WASHINGTON — U.S. Immigration and Customs Enforcement acting director Todd Lyons, a key executor of President Trump’s mass deportations agenda, will resign at the end of May, federal officials announced Thursday.

Homeland Security Secretary Markwayne Mullin announced Lyons’ departure, calling him a great leader of ICE who helped to make American communities safer. Mullin said Lyons’ last day will be May 31.

“We wish him luck on his next opportunity in the private sector,” Mullin said in a statement. The Department of Homeland Security did not immediately respond to an email from the Associated Press asking why he is resigning.

Lyons, who was named acting director in March 2025, led the agency at the center of President Trump’s plans to reshape immigration to the U.S.

Under his leadership, the agency was granted a massive infusion of cash through Congress, which it used to expand hiring and detention capabilities, and it ramped up arrests to meet demand from the administration.

ICE was also central to a series of high-profile immigration enforcement operations in American cities, including Chicago and Minneapolis, a deployment that ended after backlash erupted over the deaths of two American protesters at the hands of federal immigration officers.

Stephen Miller, the president’s deputy chief of staff and the main architect of his immigration policy, called Lyons a “dedicated leader.”

“His courageous work at ICE has saved countless thousands of American lives and helped deliver safety and tranquility to millions of Americans,” Miller said in a statement.

White House spokesperson Abigail Jackson described Lyons in a post on X as “an American patriot who made our country safer.”

It’s not clear who might replace Lyons. But whoever does will take over an agency flush with cash while still a flashpoint for controversy. ICE is at the center of a battle in Congress, with Democratic lawmakers demanding restraints on immigration officers before agreeing to restore routine funding for DHS.

On Thursday, Lyons, along with two other top immigration officials, appeared before a House subcommittee to argue for his agency’s budget and faced continued scrutiny from lawmakers of ICE’s actions.

Lyons’ departure also comes as DHS is under new leadership after Trump fired former Secretary Kristi Noem, who led the department through the administration’s major immigration policy changes.

Mullin, who took over as secretary last month, is likely to continue to advance the president’s agenda but has struck a softer tone on some of the administration’s most contentious policies.

Public perceptions of ICE during Lyons’ tenure were low. In a February AP-NORC poll, most U.S. adults, including independents, said they have an unfavorable view of the agency.

Lyons faced questions in Congress over the shooting deaths of Renee Good and Alex Pretti and was asked if he would apologize for the way some Trump administration officials characterized Good as an agitator. He declined to do so.

“I welcome the opportunity to speak to the family in private. But I’m not going to comment on any active investigation,” Lyons said.

Lyons said he had seen video that captured Pretti’s shooting but said he could not comment, citing an active investigation.

Lyons, who joined ICE in 2007 as an immigration enforcement agent in Texas, signed off on a memo, first obtained by the Associated Press, that granted federal immigration officers sweeping powers to forcibly enter homes and make arrests without a judge’s warrant.

Trump’s border advisor Tom Homan described Lyons as serving selflessly and “a highly respected and effective acting Director of ICE.”

Goldenberg and Golden write for the Associated Press. Golden reported from Seattle.