Members of the San Diego Democratic congressional delegation were granted access to inspect an immigration detention facility inside the Edward J. Schwartz federal building in downtown San Diego on Monday, after having been turned away on two previous occasions.
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“I’m glad that we were finally able to get down there,” U.S. Rep. Juan Vargas told reporters following the visit. “It does leave a lot of suspicion in my mind as to what was there before, why weren’t we allowed to go in. We gave all the notices that we were supposed to.”
Vargas and Rep. Scott Peters first tried to conduct an inspection Oct. 20, but they were told they needed to provide more days of notice. A week later, they returned with Reps. Mike Levin and Sara Jacobs. Federal officials then said there was no staff available to process the request due to the government shutdown.
Members of Congress are allowed to conduct oversight at any facility operated by or for the U.S. Department of Homeland Security “used to detain or otherwise house” immigrants, as stated in federal law.
After the 43-day shutdown ended, the delegation insisted on visiting the facility to see the conditions under which people were detained. On Monday, they were received by the local leadership of U.S. Immigration and Customs Enforcement, officials said.
Levin said that federal officials told them that the most people detained at the basement facility at one time this year was 68, and that the facility’s capacity is 122 people. But officials said they will request confirmation of such numbers in writing.
Three people were being held at the facility when the delegation arrived on Monday, Vargas said, including a man who worked as a plumber and had been arrested two hours earlier.
The building houses immigration courtrooms, as well as an ICE office. Detainees include some people taken into custody during regular check-ins with ICE, as well as some people who show up for scheduled green card interviews at the U.S. Citizenship and Immigration Services building nearby, according to volunteers and immigration attorneys.
The lawmakers said the facility was clean, though they noted that the staff knew they were coming on Monday. They described the holding cells as rooms of various sizes that had metal benches and a toilet, and that it was very cold there.
“I think we left feeling frustrated,” said Peters. “Why didn’t we see this before?”
An ICE spokesperson said on Tuesday: “These congressional Democrats have abused their access to ICE facilities by subsequently lying to the public about the conditions they observed, and even the criminal histories of those they spoke with, which include a criminal alien arrested for felony kidnapping and battery.”
The ICE spokesperson did not specify what the congress members were allegedly lying about.
“ICE’s focus is public safety and these congressmembers should be thanking ICE for protecting their constituents,” the spokesperson added.
Jacobs gave credit to the community activists and leaders who had reported concerns about deteriorating conditions at the detention facility so that members of Congress can follow up and ask questions.
“While I’m glad that we didn’t see hundreds of people in the basement, it doesn’t mean that our oversight is done,” she said.
The lawmakers said they intend to eventually return to conduct another inspection.
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