New ICE Policy Requires Congressional Approval to Speak With Detainees

Immigration and Customs Enforcement (ICE) has implemented a new policy requiring members of Congress to obtain prior approval and specific detainee consent before speaking with individuals held in detention facilities during oversight visits.

The policy, detailed in a memo from outgoing ICE Director Todd Lyons, mandates that requests for visits be submitted two days in advance. Lawmakers are now required to provide proof of consent from each specific detainee they intend to interview, identified by name.

The restrictions were highlighted on May 11, 2026, when Representatives Mike Levin and Sara Jacobs attempted an unannounced oversight visit to the Otay Mesa Detention Center. Staff at the facility refused to allow the lawmakers to speak with detainees and instead handed them the new ICE memo.

In the memo, Director Lyons stated that congressional visits are disruptive and resource-intensive. The document asserts that the agency is not required to facilitate meetings with detainees, although it will do so if the new requirements are met.

Representative Jacobs responded to the denial of access following the May 11 visit, stating that It’s completely unacceptable that we aren’t allowed to speak to our constituents who are here.

Representative Levin characterized the new requirements as a strategic effort by the agency to limit the ability of lawmakers to conduct oversight without prior announcement.

The encounter at the Otay Mesa Detention Center follows a previous pre-planned visit conducted by Levin and Jacobs approximately one month prior. During that earlier visit, the lawmakers were also denied the opportunity to speak with any individuals being held inside the facility.