San Diego congress members again denied access to inspect immigrant detention facility

Alexandra Mendoza, The San Diego Union-Tribune on Oct 27, 2025

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For the second time in a week, members of the San Diego Democratic congressional delegation on Monday tried to conduct an oversight inspection of an immigration detention facility inside the Edward J. Schwartz federal building in downtown San Diego, but were denied access.

U.S. Reps. Juan Vargas, Scott Peters, Mike Levin and Sara Jacobs said they had received reports of an increased number of people being detained in a basement facility and wanted to know the conditions under which they were being held. Immigration courtrooms, as well as the local office for Immigration and Customs Enforcement, are also located in the building.

“We don’t know if they’re women, children, or who’s held there,” Vargas said at a news conference outside the building. “We don’t know because they won’t let us go down and see.”

When the group arrived, local federal officials said they could not allow them in. The officials explained that they were following policy procedures, despite the lawmakers’ insistence that they had oversight capacity and the responsibility to conduct an inspection.

Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that “no staff were available to process such a request during the government shutdown.”

In a letter sent Friday, the lawmakers, along with California’s Democratic U.S. Sens. Alex Padilla and Adam Schiff, demanded answers from Secretary of Homeland Security Kristi Noem and the Acting Director of ICE Todd Lyons.

The letter referenced reports that people “were being detained in subpar conditions, without access to attorneys, medical care, or proper nutrition.”

Volunteers and immigration attorneys who regularly monitor detention activity at the federal building began reporting earlier this month that individuals were detained while attending their ICE check-in appointments. The detainees are then being transferred to a detention facility in the basement of the building, they said.

DHS denied allegations of overcrowding and subprime conditions.

“All detainees have unlimited access to food, water, and snacks,” McLaughlin said. “The food is NOT spoiled. Ensuring the safety, security, and well-being of individuals in our custody is a top priority at ICE.

“ICE has worked diligently to obtain greater detention space,” she continued. “Thanks to President Trump’s One Big Beautiful Bill and innovative partnerships like Alligator Alcatraz, Cornhusker Clink, Louisiana Lockup, and Speedway Slammer, we’ve significantly expanded detention space to house the worst of the worst criminal illegal aliens.”

DHS officials did not respond to questions about how many people were being held there or for how long.

Vargas and Peters demanded to inspect the detention facility on Oct. 20, but they were turned away. They said they had given two days’ notice of their visit but were told they needed to provide notice seven days in advance.

“Today is the seventh day; we’ve met their notice request,” Peters said Monday. “But they have said that until the folks in Washington approve this, they’re not going to allow us to visit and observe for ourselves.”

Federal law states that members of Congress can’t be prevented “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.”

It also indicated that DHS “may require that a request be made at least 24 hours in advance of an intent to enter” one of those facilities.

The DHS website states that requests to visit detention facilities must be made at least seven calendar days in advance, and those requests must be approved by the DHS secretary, it reads.

“Members of Congress and their staff have a statutory right to conduct oversight at Department of Homeland Security facilities and it is outrageous that your agency continues to deny access to this site and others throughout California. Oversight visits offer transparency and accountability, which are vital for public trust,” the lawmakers said in a different letter sent Oct. 20 to Noem.

In that letter, the congress members referenced reports indicating that at least 44 individuals were detained over four days starting Oct. 9. The basement facility, referred to as a “staging facility” by DHS, is not designed for long-term detention such as the Otay Mesa Detention Facility.

McLaughlin, from DHS, said in a statement last week that the facility was empty when Peters and Vargas tried to inspect it then, because all individuals had been transferred to a long-term detention center for their safety due to the No Kings protest held days prior.

“Following the protest, 29 illegal aliens were returned to the staging facility,” she said.

The lawmakers said they will continue to push for access to the facility.