Congressman Jason Crow says he led the fight for members of Congress to conduct unannounced visits to Immigration and Customs Enforcement detention facilities. The Democrat who represents Colorado's 6th Congressional District says this is enshrined in the Consolidated Appropriations Act of 2020. And yet, on Sunday he was denied entry into the ICE facility in Aurora.

ICE officials say they informed Crow on July 15 that a visit was not possible at this time. But the congressman says he has the legal authority to conduct visits without prior notice, and that the law is written that way to ensure transparency, and hold the executive branch accountable.

"Why does the administration want to impede congressional oversight?" asked Crow. "Why do they want to enforce for the first time ever this seven day notice requirement? What are they trying to hide? Why do they need that much time to clean things up or sweep things under the rug before members of Congress visit?"

The Department of Homeland Security sent a statement saying,

"ICE law enforcement has seen a surge in assaults of 830%, as well as disruptions and obstructions to enforcement, including by politicians themselves.

For visits to detention facilities, requests should be made with sufficient time to prevent interference with the President's Article II authority to oversee executive department functions—a week is sufficient to ensure no intrusion on the President's constitutional authority. To protect the President's Article II authority, any request to shorten that time must be approved by the Secretary."

Separately, ICE sent a statement saying:

"The Department of Homeland Security takes Congressional oversight and visits from Members of Congress to ICE facilities seriously. However, established protocols must be followed to ensure transparency, operational security, and the safety of staff and detainees.

ICE is committed to ensuring detainees held in its custody are treated with dignity and respect and housed in suitable detention conditions that provide for their safety and security. To ensure good order of the facility, ICE maintains security protocols to promote the safety of staff, detainees, and the local community. This includes maintaining a secure perimeter, scheduling facility tours, and screening all visitors prior to entry. These practices are intended to maintain good order of the facility and are required by ICE's detention standards. 

In this case, the congressman's request did not comply with the mandatory seven-day advance notice requirement. DHS policy clearly requires requests to tour ICE detention facilities be submitted at least seven calendar days in advance for scheduling. This longstanding policy allows for the appropriate coordination necessary to protect facility operations."

"Well they're wrong," said Crow. "Executive authority cannot usurp It actually works the other way around. United States Congress is the Article I branch of the Constitution and our laws are the law of the land, and the President must follow those laws. Not by executive authority, not by executive order, not by regulation and certainly not by fiat can any President just say that Congressional authority and a law passed by Congress doesn't apply to them."