Jason Crow, Dem reps sue Trump admin for denying access to ICE facilities

AURORA | Aurora Congressperson Jason Crow has filed a federal lawsuit against the Trump administration, saying ICE officials violated federal law when it turned him away July 20 from inspecting the GEO ICE detention center in Aurora.

“Today, I filed a lawsuit against the Trump Administration after they illegally denied me access into a federal immigration detention facility,” Crow said in a statement. “Oversight is a fundamental responsibility of Congress. Under law, Members of Congress have the right to do unannounced oversight visits of federal immigration detention facilities.”

As of Wednesday evening, Crow said in an interview that he had gotten no feedback nor response from ICE officials nor anyone in the Trump administration.

“I don’t expect that we’ll get one,” Crow said. “I’m sure we’ll hear about them or hear from them as the legal battle progresses.”

On July 21, spokespersons for Homeland Security’s ICE division said that Crow did not give a required seven-days notice before his visit, and so he was not admitted as a matter of department policy.

“In this case, the congressman’s request did not comply with the mandatory seven-day advance notice requirement,’ ICE officials said in a statement to the Sentinel. “DHS policy clearly requires requests to tour ICE detention facilities be submitted at least seven calendar days in advance for scheduling. This longstanding policy allows for the appropriate coordination necessary to protect facility operations.”

Crow said then, and in his lawsuit Wednesday, that the ICE policy violates federal law.

“The Trump Administration attempting to require advance notice for Members of Congress to do their jobs is against the law,” Crow previously told the Sentinel. “Congress has the authority to make laws — and the law is clear: Members of Congress have the right to immediately access federal facilities to conduct oversight. Try as they might, the Administration cannot ignore the law.”

Crow said the obstanance shown by the Trump administration in Aurora and across the country is especially worrisome giving the troubling past at many of these immigrant holding facilities.

“It’s pretty clear this administration is erecting barriers to obstruct congressional oversight, which raises the very obvious question of, why and what are they hiding? What don’t they want people to know? What questions don’t want people to ask?” Crow said Wednesday. “It should worry everybody pretty deeply. It worries me, and it actually makes it even more important that we double down on our job and we get answers.”

Crow is joined in the lawsuit, filed in a DC federal court, by other  congressional representatives who said they, too, were denied access to federal detention facilities. Others joining the lawsuit include representatives Joe Neguse, D-CO, Jamie Raskin, D-MD, Bennie Thompson D-MS, Veronica Escobar D-TX, Dan Goldman, D-NY, Adriano Espaillat, D-NY, Jimmy Gomez, D-CA, Norma Torres D-CA, Raul Ruiz, D-CA, Robert Garcia , D-CA, and Lou Correa, D-CA.

ICE Director Todd Lyons told a congressional committee in May that he recognized the right of members of Congress to visit detention facilities, even unannounced. But DHS Secretary Kristi Noem told a different committee that members of Congress should have requested a tour of an immigration detention facility in New Jersey where a skirmish broke out in May.

As President Donald Trump’s immigration agenda plays out, detention facilities have become overcrowded and there have been reports of mistreatment, food shortages, a lack of medical care and unsanitary conditions, the lawsuit said. Congress has a duty to make sure the administration is complying with the law while operating the facilities, the lawsuit said.

The recently passed budget bill allocates $45 billion for ICE detention — more than 13 times ICE’s current annual detention budget, the lawsuit said. Members of Congress must ensure those funds are spent efficiently and legally, the lawsuit said.

Crow said that the lawsuit grew from lawmakers comparing notes and realizing that the Trump administration was denying legal, unannounced visits in numerous locations across the country.

While the lawsuit has currently enlisted only Democrats, Crow said he’s talked with Republican House members who also share his concerns about the Trump administration thwarting transparency and accountability.

“I talk to Republicans all the time actually, because I fundamentally believe in actually talking to people,” Crow said.”I remain one of the more bipartisan members of Congress,. But in those conversations, it is clear that they have concerns, that a lot of them believe in good government and in oversight, but they, unfortunately, in far too many cases, don’t have the courage or aren’t willing to fulfill their responsibilities to conduct independent oversight as a member of congress.”

Trump administration officials last week said their policy of requiring appointments by members of congress to visit facilities provide for security.

“The Department of Homeland Security takes Congressional oversight and visits from Members of Congress to ICE facilities seriously,” officials said. “However, established protocols must be followed to ensure transparency, operational security, and the safety of staff and detainees.

“ICE is committed to ensuring detainees held in its custody are treated with dignity and respect and housed in suitable detention conditions that provide for their safety and security.” ICE officials said. “To ensure good order of the facility, ICE maintains security protocols to promote the safety of staff, detainees, and the local community.”

Crow said Wednesday he’s not buying the argument.

“Yeah, I’m deeply concerned about the trajectory here,” Crow said.”The unwillingness of the administration to allow members of congress access to these facilities, the fact that the administration, with House Republicans, just tripled ICE’s budget, and they’re announcing opening of dozens of these facilities, including several in Colorado around the surge of hiring at the same time as they’re ignoring court orders” bodes ill for immigrants and the nation.

Crow said the clear effort of the Trump administration to conceal what they don’t want the public to see is only made worse by the recent behavior of ICE agents under Trump orders.

“They’re denying people fundamental due process rights, Crow said. “There are confirmed incidents around the country of federal agents showing up in unmarked vans without markings on their clothes, wearing masks and snatching people off of street corners because they look different or in the wrong place at the wrong time.”

He said with so much distraction and disinformation, the impromptu inspections are more critical than ever.

“I mean, this is such deeply troubling stuff, “ Crow said. “I goes to the foundation of what the founders of this country were concerned about. That’s why they put habeas corpus as one of the prominent parts of our constitution.”

Crow and others have repeatedly said that only regular, unannounced inspections can provide the transparency and accountability needed to ensure the public can trust that ICE is treating inmates in accordance with U.S. law and within ethical guidelines. 

“Since President Trump was elected, this administration has denied Members of Congress access to immigration detention facilities and tried to intimidate us from doing our jobs. I will not be deterred from conducting lawful oversight, and I’ll continue fighting to hold the administration accountable, including in Congress and the courts.”

Since elected in 2018, Crow has been at the forefront of efforts to ensure transparency regarding who is kept in private and government operated immigration detention facilities, and to ensure members of congress have unannounced access to the facilities to ensure inmates are safe and properly cared for.

Since beginning office in 2019, Crow has visited the Aurora GEO ICE facility nine times, and his congressional team has visited the detention center 70 times, his office said in a statement. His office also provides data on his website linked to his ICE GEO visits and conditions at the facility.

Crow joined forces last year with Florida Republican Rep. John Rutherford to press for new legislation ensuring transparency and oversight at immigration detention facilities. Existing law, however, ensures members of congress unfettered access to the facilities.

The Associated Press contributed to this story.