ICE denied four members of San Diego’s congressional delegation access to the holding facility in the basement of the federal building downtown on Monday, rejecting the representatives’ second attempt to conduct oversight amid an increase in detentions at check-ins with the agency, and reports of detainees being held in the basement for days at a time.
Congressmen Scott Peters and Juan Vargas say they gave notice of their plans to inspect the basement of the federal courthouse after they said they had gotten reports of poor conditions for U.S. Immigration and Customs Enforcement detainees. NBC 7’s Jackie Crea reports.
Reps. Sara Jacobs, Mike Levin, Scott Peters and Juan Vargas, all Democrats, entered the building at 880 Front Street together, heading to ICE’s office on the third floor where they asked to inspect the basement. Vargas and Peters previously attempted to visit on Oct. 20 but were turned away.
An ICE official told them Monday they needed to submit the request through headquarters and that he could not take them downstairs.
“We want to show you everything, right? We’re transparent,” the ICE supervisor said, to which Vargas replied, “It’s not transparent, that’s the whole point. You’re not transparent if we can’t go down there.”
The exchange lasted a few minutes, with the representatives noting they had received reports of detainees being given spoiled food and being held without privacy to use the bathroom, among other issues. They also said they were told people were being held for days at a time because of overcrowding at the Otay Mesa Detention Center.
“I can assure you they’re well take care of and everyone’s fed,” the ICE supervisor said.
The supervisor added that people are supposed to be held no more than 12 hours but some have been held for three days on a waiver as they are processed for detention.
After the members of Congress were turned away, they said they had submitted their first request via email on Oct. 18, to visit on Oct. 20, giving about 48-hours notice, as they usually have in the pass for oversight of a federal facility.
“It has always sufficed as notice,” Vargas said.
When Vargas and Peters were denied access on Oct. 20, they said ICE told them they needed to give seven days’ notice. They sent another inquiry, Vargas said, followed by a letter signed by all four members as well as California senators Adam Schiff and Alex Padilla, noting they were then told requests were on hold due to the government shutdown.
They all said they adhered to the shifting guidelines even though, by law, they can inspect a federal facility at any time.
“It’s our responsibility to come down here and look at stuff like this,” Peters said. “We do all the time in federal facilities, and I’ve never been turned away. And now it’s twice here.
“That’s part of our job. So it’s really out of the ordinary for them — for anyone — to tell us we can’t see. I mean, mostly we get welcomed.”
“I reject the premise of the question that we needed any notice at all — this is my notice,” Levin said, holding up his congressional ID. “That’s my notice.”
“Allegations that the San Diego Federal Building has subprime conditions or overcrowding are FALSE,” Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement. “All detainees have unlimited access to food, water and snacks. The food is NOT spoiled. Ensuring the safety, security and well-being of individuals in our custody is a top priority at ICE.”
McLaughlin has not responded to multiple inquiries over the past few weeks about how many people are being held in the basement, for how long, and if they have beds or access to showers.
But on Monday, McLaughlin said that the agency has “worked diligently to obtain greater detention space … to house the worst of the worst criminal illegal aliens.”
“These are not criminals,” Jacobs said. “They’re literally showing up to the federal building, to the courthouse, to follow the process. And yet here they are, being terrorized by this administration.”
Volunteer observers have watched those detentions at check-ins rise since Oct. 9, when ICE began taking about 10 people a day into custody.
“It’s very sad,” said volunteer Brian Kougl. “It’s extremely sad. It’s frightening. It’s demoralizing.”
Kougl rejected ICE’s assertion that people held in the basement are receiving proper care.
“Of course they’re going to say that,” Kougl said. “If that’s what’s happening, why aren’t they letting people come check it out?”
The members of Congress echoed that sentiment.
“There’s no reason they couldn’t have us down there unless there was something they didn’t want us to see,” Levin said. “And that should concern every single person here.”
Volunteers said detentions declined after Vargas and Peters first attempted to visit last week, tracking about three a day toward the end of the week.
“We’re going to continue to push on this because we want to see what’s going on,” Vargas said. “And I’ll be frank too: I think it also helps them clean up their act, because now they know we’re here and we want to see. You know, a little sunlight on things really does clean things up.”