Reps. Dan Goldman and Jerry Nadler spent Wednesday morning in Lower Manhattan, attempting to observe proceedings at immigration court at 26 Federal Plaza. They said they also wanted to see how detained immigrants were being treated.
Their visit came one day after mayoral candidate Brad Lander was detained in the same building.
“We received an email yesterday denying our request,” Goldman said.
“We have the absolute right to inspect any federal facility, including a detention center,” Nadler said.
A standoff of sorts unfolded between the two congressmen and the Department of Homeland Security, which denied them entry to the area where immigrants are being housed.
“We’re not going to do it because we don’t have to,” said Bill Joyce, a DHS deputy field office director.
Goldman and Nadler said they were there to perform oversight duties amid growing questions about the conditions of immigrants in federal custody.
“I’m sure you’re well aware we’re approaching capacity with bed space to hold people in,” Joyce said.
"Section 527 explicitly states that members of Congress have authority to observe and conduct oversight over detention facilities and areas that are being used as detention facilities,” Goldman said.
Specifically, the law states that the Department of Homeland Security cannot prevent members of Congress from “entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.”
Joyce said the area holding immigrants is not technically a detention facility.
“We’re housing them until they can be detained,” Joyce said.
“What is the definition of a detention facility?” Nadler asked.
“I would have to get back to you on that,” Joyce replied.
Speaking to reporters outside, the congressmen were asked what else they could do.
“If our Republican colleagues in the majority refuse to do anything about it, we will have to wait until we get a Democratic majority in 2028, which I’m confident we will… 26, I’m sorry,” Nadler said.
“We’ll have to consult with lawyers, but there may be intermediate action,” Goldman said.
“What we should do is go to court,” Nadler said.
The congressmen also said they observed court proceedings where ICE and FBI agents were waiting outside the courtroom to arrest immigrants. They said the only reason the individuals they observed were not arrested was because they had access to legal services and advice from counsel.