U.S. Rep. Dan Goldman and eight other New York members of Congress are demanding that the Department of Homeland Security (DHS) reverse new guidance barring unannounced congressional inspections of Immigration and Customs Enforcement (ICE) facilities used to detain immigrants, following repeated denials of entry to members of Congress at a federal building in Lower Manhattan.
In a June 20 letter to DHS Secretary Kristi Noem and Acting ICE Director Todd Lyons, the lawmakers said ICE violated the 2024 appropriations law by refusing to allow Goldman and U.S. Rep. Jerry Nadler entry to the agency’s field office on the 10th floor of 26 Federal Plaza on June 18.
ICE agents, some of whom wear masks, have been taking immigrants into custody immediately after the individuals complied with court orders to attend hearings inside the federal building.
“These denials are not only indefensible, but they are also a clear violation of current law,” the letter states. “Given the overaggressive and excessive force used to handcuff and detain elected officials in public, DHS’s refusal to allow members of Congress to observe the conditions for immigrants behind closed doors begs the obvious question: What are you hiding?”
ICE Deputy Field Director Bill Joyce admitted to Goldman and Nadler during a tense standoff at the facility on Wednesday that migrants were being held there, some forced to sleep on the floor.
Despite this, Joyce denied them access. On June 19, DHS issued new guidance which now requires 72 hours’ notice before visits and claims that field offices like 26 Federal Plaza are not covered under oversight provisions of the law.
“ICE does not house aliens at field offices, rather these are working offices where Enforcement and Removal Operations (ERO) personnel process aliens to make custody determinations based on the specific circumstances of each case,” the DHS guidance reads.
Lawmakers rejected that interpretation in their letter, noting that Section 527 of the appropriations act bars the use of federal funds to block members of Congress from inspecting facilities used to house immigrants. The letter gives DHS until June 30 to rescind the guidance, reaffirm Congress’s right to conduct unannounced visits, and direct ICE offices to comply with the law.
Goldman and Nadler’s denials follows similar incidents earlier this month when U.S. Reps. Nydia Velázquez and Adriano Espaillat were turned away from the same facility. On June 8, they were held in the lobby for over an hour before also being refused entry.
During Goldman and Nadler’s visit, they observed masked ICE agents in the building’s hallways and sat in on immigration court hearings, but ultimately left without seeing the detention area.
Their visit came one day after City Comptroller Brad Lander was arrested by ICE agents while attempting to escort a defendant out of immigration court.
The June 20 letter was signed by U.S. Reps. Adriano Espaillat, Nydia Velázquez, Ritchie Torres, Alexandria Ocasio‑Cortez, Grace Meng, Gregory Meeks and Yvette Clarke, along with Goldman and Nadler.
The DHS did not respond to a request for comment at the time of publication.
Goldman, who represents parts of Manhattan and Brooklyn, has also been critical of ICE agents for wearing masks during enforcement actions.
“Law enforcement agents don’t wear masks. These are non-violent civil cases of immigration. These are not violent criminals,” Goldman said previously. ICE has said agents wear masks to protect themselves and their families.
On Friday, the New York City Bar Association joined in condemning the practice, saying masked agents reduce transparency and accountability. In a statement, the City Bar warned that concealing officers’ identities erodes legal safeguards and due process.
“The decision to begin concealing the faces of law enforcement agents who are carrying out arrests and detentions appears to be an effort to evade accountability,” the Bar Association said.
