Lawmakers ramp up scrutiny of ICE oversight staff furloughs
Democrats in Congress are pressing Immigration and Customs Enforcement to restore oversight staff who were furloughed at the start of the government shutdown.
In a Nov. 6 letter to Homeland Security Secretary Kristi Noem, the lawmakers said that staff at the Office of Detention Oversight are crucial to ensuring safety at ICE detention centers. Staff at ODO were furloughed at the outset of the shutdown.
“Without ODO staff actively performing these duties, there is a heightened risk that detention facilities fail to meet required standards, compromising detainee safety, access to medical care, and legal protections,” the lawmakers wrote to Noem.
The lawmakers also point out that the Department of Homeland Security’s shutdown contingency plan includes exceptions for the safety of human life and protection of property.
“This is not hypothetical – ICE has publicly reported that at least twenty people have died in its custody since January,” they added.
The letter points to reports of overcrowding and other unsafe conditions at ICE detention facilities, as immigration enforcement operations have continued through the shutdown.
“Given these developments, we are deeply concerned about the health and safety of detainees and staff at ICE facilities during the ongoing lapse in appropriations,” the letter states. “The decision to furlough the entire ODO is a clear attempt to sabotage oversight into the conditions of ICE facilities and the wellbeing of detainees.”
The letter was led by Rep. James Walkinshaw (D-Va.) and also signed by Sen. Mark Warner (D-Va.) and Reps. Don Beyer (D-Va.) and Suhas Subramanyam (D-Va.).
In a separate Oct. 31 letter to Noem and acting ICE Director Todd Lyons, Rep. Maxine Dexter (D-Ore.) pointed out that ICE furloughed ODO staff despite receiving an influx of funding under the One Big Beautiful Bill Act.
“I recognize that certain nonessential functions must pause during a lapse in appropriations,” Dexter wrote. “However, a lack of funding cannot be used as justification to strip away any measure of accountability. To safeguard the health, safety, and dignity of my constituents, I urge you to reinstate necessary staff for the Office of Detention Oversight, immediately restore communication channels between ICE and congressional offices, and ensure Members of Congress have access to all ICE facilities.”
In an Oct. 17 letter, Rep. Raja Krishnamoorthi (D-Ill.) said DHS furloughing ODO employees while retaining all press and communications staffers raises “serious questions about the department’s priorities during this shutdown.”
“ODO’s inspectors are responsible for ensuring that facilities meet federal health, safety, and humane treatment standards,” Krishnamoorthi wrote. “With detention levels now among the highest in more than a decade, suspending this critical oversight function while enforcement operations proceed uninterrupted is indefensible and represents a profound failure of priorities.”
The ODO furloughs come as the number of ICE detainees reach record high levels. As of Sept. 21, there were nearly 60,000 people in ICE custody.
ODO was created in 2009 to inspect ICE detention facilities. The office conducts a separate set of inspections independent from inspections run by ICE Enforcement and Removal Operations’ Custody Management Division.
The furloughs at ODO come after DHS also fired most staff at several oversight offices earlier this year.
The reductions-in-force at those offices – the Office for Civil Rights and Civil Liberties, the Office of the Immigration Detention Ombudsman, and the Office of the Citizenship and Immigration Services Ombudsman – are now at issue in an ongoing lawsuit.
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