Democratic members are again claiming that they can demand access to any federal facilities without approval or even notice to a given agency. We saw previously how Rep. LaMonica McIver stormed an ICE facility and allegedly assaulted an officer. She and others claimed that they had the right of entry without the pre-approval of the agency. Now, after another attempted entry at an ICE facility in Baltimore, an array of Democratic members have sued over their denial. The lawsuit is, in my view, fundamentally flawed, but the members appear to be hoping for another obliging judge. Both sides could be adopting Sen. Chris Van Hollen’s position outside of the ICE facility that “This is BS, plain and simple.”
This week, Van Hollen and several other House and Senate Democrats showed up in Baltimore at the Fallon Federal Building and demanded entry. The group included Sen. Angela Alsobrooks and four members of Maryland’s House delegation: Reps. Glenn Ivey, Johnny Olszewski, Sarah Elfreth and Kweisi Mfume. They then carried out a brief sit-in outside of the door and Van Hollen even objected that the sign said “Welcome,” but they were not welcomed.
As with McIver, the Democrats insisted that they could just show up at any federal office or facility and demand access as a matter of oversight authority. If that were the case, members could barge into any executive office from the White House to the weather service without warning or approval. No court has ever recognized such authority since it would eviscerate the inherent powers of the Executive Branch in our tripartite constitutional system.
The complaint offers a jumbled collection of claims and is poorly conceived and crafted, in my view.
The most relevant seems to be Section 527(a) of the Further Consolidated Appropriations Act, 2024 (Public Law 118–47), which states that:
“None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent…a Member 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.”
The Fiscal Year 2024 Appropriations Act also included a provision that states “the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a).”
First, even if constitutional, this provision only applies to facilities that are used to “detain or other house aliens.” The Department of Homeland Security (DHS) has contested that status in past protests. Second, the law cannot, and arguably does not, give carte blanche for instant access. An agency can demand notice to allow it to protect the security and safety of personnel and visitors. DHS can argue that it is not denying entrance so long as they are given notice in advance.
The issue is not the right to inspect but the right to instant access. Of course, the members filed in Baltimore and may hope for a judge who is more accommodating than scrutinizing on authority.
The members could argue that oversight, at times, requires inspections without prior warning to prevent the loss of evidence or agency efforts to conceal poor conditions. However, if the Congress can force such immediate access to ICE facilities, it could presumably demand such access on any federal property. All agencies are subject to the oversight of one or more congressional committees. That sweeping authority runs against the grain of Article II and can create dangerous and obstructive elements for federal officials.
Courts are tasked with reading laws narrowly to avoid such constitutional questions. The question is what constitutes “preventing” under the law. The Administration is not denying access, just requiring advance notice.
This sets up a conflict between Article I and Article II authority. The Administration will argue that immediate and unrestricted access to any ICE facility intrudes on the ability to exercise executive authority. In my view, there must be some area for reasonable limitations on the exercise of oversight authority. What is absolutely clear is that members cannot seek, as did Rep. McIver to force their way into facilties.
Here is the lawsuit: Neguse v. ICE
The question is: What is it They (Democrats) really want by immediate access to ICE facilities?
There are certainly a few legitimate instances that access should be immediate, BUT there are far more legitimate instances wherein the access of immediate interest.
legitimate instances:
Legal Representative (Lawyers, Representatives of the Courts)
High Profile Individuals (i.e.: MLK, Malcom X, etc. Types)
Federal Officials (Representative, Senators, The President)
Denied instances:
Press and Photo Ops
Protest of individual Incarceration
Protest of Political basis
Threat of Violence
Escape Ops
-Disruption of Justice-
…
The Judge must decide, What hangs in the Balance of the scales of Justice,
and justify it by Opinion.
They can right now schedule a visit with the federal officials at any given federal facility. That’s the limit of their power. This is all for show, for their lunatic base. They cannot show up unannounced and expect immediate access anywhere. It’s not to say that they wouldn’t be allowed access, but it’s not required that they be let in.
I mean, can you imagine luminaries such as Ilhan Omar showing up at a nuclear weapon storage facility, demanding unannounced and immediate access to nuclear devices? Or dropping by the Pentagon, and demanding to be shown the nuclear launch codes of the day? That’s how stupid they are with this lawsuit.
Let’s see whiny Democrats try to apply this new concept of free, immediate, and unfettered access to the third branch of our federal government. I’d absolutely love to see them walk up to the Supreme Court and try to get into any of the judge’s chambers unannounced. They have the right to oversight of the judicial branch, after all.
*. Maybe oversight and inspection of jails and prisons in Fulton County, Georgia would be time well spent. Advanced notice would allow time to remove dead rotting corpses from cells. Maybe a visit to Attica might have been advised but it was just removed from the council members hands for violations would have been time well spent.
Facilities can be inspected if it’s news worthy with press . Call before coming. Hey! A visit to inspect Jeffrey Epstein’s facility would have been good to ascertain if checks every 30 minutes were being done. They weren’t. Thanks guard Noelle for the sheets shown on video.
View the video footage Ms Mcivers and Van Hollen and if there’s a question make an appt. Ask the detainees if there’s ever the smell of rotten corpses and that type thing.
Jonathan’s correct on this one.
A ruling for immediate access to facilities (ICE) will throw a Monkey Wench into the wheels of Justice.
It would be a non-stop interruption of Justice (Due Process) in Circus Mode. Of which a certain element does best (currently the Democrats
They demand to be let in? Well, sure thing, but…
Relax,” said the night man, “We are programmed to receive
You can check out any time you like, but you can never leave”
I could support that. 🤣
With any luck we might be able to send some of them packing at midterms?
There is no Democrat party.
“There is no Democrat party.”
No, there’s only a group of nutcases who killed the donkey, took the hide, and are now running around wearing a skin suit, pretending to be Democrats. Credit goes to (I think) Victor Davis Hanson for that analogy.
“I didn’t leave the Democratic party, the Democratic Party left me.” (Ronald Reagan, for those who somehow didn’t know that great quote)
There is a D party thanks to Reps. and their rabid mindset. Maybe you recognize yourself in them.
As for calling them nutcases, I see that you have a streak of crazy in your post.
Just sayin.
You’re a freaking joke. The Republican party is the voice of sanity and calm compared to the monkey circus that is the left these days. But hey, keep on going the way you’re going, it’s been working so well, we’re all looking forward to the second Harris term. Hahaha. And then eight years of Tom Waltz!!!
Professor Turley writes, “The issue is not the right to inspect but the right to instant access.”
The REAL issue is the right to instant photo op and mostly unpeaceful obstruction. No such rights exist in the Constitution. If Democrats get control of Washington, again, those will be the only rights anyone has.
1,000,000 million illegals have self-deported YTD, taking their electoral college votes with them. Democrats are frantic. The grand scheme to put poor, white people on a reservation is in peril. Sorry, not sorry.
But the “great replacement theory” is a myth!! Never mind that Democrats literally wrote books extolling the concept.
I’m no lawyer but it would seem that the democrats lack standing. The control neither the House or Senate or any committees. Therefore they would appear to be working as “virtually” private citizens. A member of the Senate or the House has no real power but the body that they are a part of has power. If they had a ruling from a committee that demanded an inspection, then their hysterics might have more weight. They should have no more right to be admitted to a facility than any of us except as the law allows. Like the rest of us, they should make an appointment or give notice of intent to visit.
I think this is just a Shakespeare play “It is a tale as told by an idiot, full of sound and fury, Signifying nothing.”
They continue trying to stick their fingers in electrical sockets.
Being a government official gives them standing and access. They just have to ask nicely.
Drop the Shakespearian quotes thing. Its pretentious. And please no Latin quotes.
“Being a government official gives them standing and access.”
Not true at all, Congressmen cannot just show up anywhere anytime and demand access to any federal facility. That has never been true, and it’s not true now, and you can just go ahead and stop lying right now before you waste even more time defending that lie.
And we’re sorry if your lack of education keeps you from understand latin quotes on a website literally named “Res ipsa loquitur”. Are all Democrats this whiny and stupid?
They are so obsessed with fighting against . . . something, they have gone off the deep end. They offer nothing other than hate and rage. And when they do offer something, anyone with any degree of common sense, logic, decency, looks at them like they found something under a rock. This is a dark time for the Democrat party. Can the sane and normal Democrats take back their party from the far leftists?
As someone who has no desire to see Democrats take over Congress next year, I actively encourage this insanity. In fact, I might even donate to Democrats for once in my life if I can be sure that it’s earmarked for this kind of stuff. It’s just incredible, it’s like the 2024 election didn’t even happen, and the electorate didn’t spank Democrats hard for their love of illegal aliens.
@Upstate
Are there any sane and normal dems left, at least in office? And demanding ‘instant access’? Who are the ‘gestapos’ again? It’s madness.
I am finding it near impossible to distinguish the DNC from any other hostile regime at this point.
The oversight role of Congress does not include snap visits. It never has. They have the same right to show up unannounced at a federal facility that the rest of us have: none. This case will be laughed out of court in time.
I’m still chuckling at the troll yesterday who called our federal police officers, operating under constant physical attacks from leftists, as “stormtroopers”. Yeah, go with that Democrats, make it your slogan for 2026 please.
“The oversight role of Congress does not include snap visits.”
Yes it does include snap visits. A surprise visit is exactly what an unnanounced visit is. The law states Individual Congressmen can show up unnanounced and the purpose it to inspect the facilities without giving them notice they are coming. It allows them to see things as they are before the detention facility gets a chance to “tidy up” any visible violations, hiding misconduct, and poor conditions. The whole point of having an unnanounced visit is not just to show up, but to enter and inspect. Oversight. The policy of delaying entry due to “security” concerns is just a pretext to frustrate Democratic Representatives who have legal authrority to inspec the facility unnanounced. Detention facilities are always maintained in a secure state. If it’s safe enough for guards to be there it’s certainly safe enough for Congressional representatives to enter without delay.
Georgie, you’re joking right??? You have the nerve to show up here again after yesterday when you lost fifty straight rounds refusing to understand what perjury was, and you come back and act like you have any credibility at all?? That’s not even mentioning your serial lying and prevaricating. You’re a complete sociopath.
James,
Well, I thought Senator’s Catherine Cortez Masto (Nev.) and Amy Klobuchar (Minn.) displayed a degree of sane and normal behavior when calling out Senator Booker yesterday for his crazy yesterday.
Thinking on it, by the various displays of not just lawmakers but of those within the DNC, the woke lefitsts might be too entrenched in the party. Example, spending some $20 million to figure out how to talk to young male voters. Really? The mental gymnastics to link the recent American Eagle, Sydney Sweeney jeans ads to Nazis?
Madness is right.
When Amy Klobuchar of salad fork hair combing fame is your voice of sanity, your party in a lot of trouble.
And hey Democrats, I’ll tell you how to talk to young male voters for only 10 million dollars!! Call me!!!
@Upstate
Sure, but even though those you mentioned speak more softly, they have still supported nearly every other nonsense the party has concocted. To me that’s on the level of simply ‘lying better’, or alternately simply being a coward; I don’t recall either of them stating at anytime it might not be a great idea to lock the country down or let tens of millions of people walk across the border. Even without the histrionics, the harm has been just as real. But thanks for pointing out an exception.
Upstate.
I’m so loving this.
DustOff,
I get what you are saying. But I also do not want a single party state. The Democrat party needs to get off the crazy train and take back their party. Offer solutions, not stupid and crazy.
Upstate.
I so agree, but that being said. The dem/libs have lost their minds.
I don’t want them anywhere in power.
DustOff,
Until they come to their senses, I have to agree with you there. That is why I think we need a successful eight years of a Vance WH admin and then a successful eight years of a Gabbard admin and control of both houses during that period. By then, maybe the Democrat party might of just gotten it, gave the stupid and crazy the boot out of their party and become a serious, sane and normal party again. Or, one would like to think.
“Can the sane and normal Democrats take back their party from the far leftists?”
No! Full stop.
This is so absurd on its face it’s tough to find words, and against all odds just gets worse with every passing week.
I no longer even want to refer to the democratic party as ‘our’ dems – they no longer represent me or my country, and worse, what they do represent is anathema to a functional society, quite possibly to functional humanity, period. These people and their apparatchik are puerile and toxic, and I want nothing to do with them. I definitely do not want them anywhere near power again.
Enough is enough.
“As with McIver, the Democrats insisted that they could just show up at any federal office or facility and demand access as a matter of oversight authority. If that were the case, members could barge into any executive office from the White House to the weather service without warning or approval. No court has ever recognized such authority since it would eviscerate the inherent powers of the Executive Branch in our tripartite constitutional system.”
That’s not what the democrats are demanding. They are not seeking to enter any executive office. Just DHS detention facilities which they have legal right to. Turley says that a request needs to be made 24 hrs before visiting any detention facility, but that only applies to staffers who make the request. Not individual Congressmen. They are not required to give prior notice to DHS. They can literally show up anytime and they cannot be denied entry or be delayed.
The Trump DHS is violating the law by creating impediments to such inspections by making policy that prior notices is required. DHS does not want Democratic congressmen to just show up unnanounced and walk in, but that’s what the law allows. Turley’s “view” on the issue is plain wrong.
Furthermore, Congresswoman McIver did not “storm” the DHS detention facility. She. just showed up unnanounced as the law permits. DHS stalled and made the situation worse by falsely arresting the mayor and falsely claiming Rep. McIver assaulted a law enforcement officer.
The law is clear. Individual Congress members are not required to give prior notice to inspect detention facilities. They are cannot be denied entry or be delayed. The purpose of the law is to ensure those who run detention facilities are not hiding anything or “tidying” up to cover up violations. We know Trump’s DHS secretary does not want to follow the law because they do not want to allow Democrats their legal right to conduct oversight.
Hey George, can you define perjury for me?
Oh that’s right, you can’t. Hahahahhaha!
Are you seriously here today after the face plant that you took yesterday? No shame at all at being a lying idiot?
Then you define it.
Look down the freaking page, you tool. “18 U.S.C. 1621 (CH 79) Perjury Generally”
And stop white knighting for serial liar George. Have some self-respect.
Are you really this pathetic? You seriously get paid to post this kind of crap??
Georgie, you’re really smart, can you give us that Maxwell testimony that you mentioned earlier? You, when you said that she testified in court and was convicted of perjury? It didn’t happen, but that shouldn’t stop a sooper genius like yourself. Thanks sweetie!!
“but that only applies to staffers who make the request”
Really curious what this interpretation os based on.
“falsely claiming Rep. McIver assaulted a law enforcement officer’
There’s cell phone video of it. Are we not supposed to believe our own eyes?
No plea deal. She has to do hard time. And I’ll laugh and laugh.
Idiot George, McIver attacked a federal agent. She’s going to be ejected from Congress and she’s going to jail. Why are all Democrats criminals?
Hey george, why didn’t you fools want (over-site) when OI-dumber was building his cages?
You said not a single word.
George was too busy in law school then, not learning basic concepts like “perjury”. Hahahaha what a freaking tool.
“………………….falsely arresting the mayor and falsely claiming Rep. McIver assaulted a law enforcement officer.”
Oh, honey, no.
Seriously. It’s on video. Literally nobody is even questioning it but this nimrod.
Hahahahaha, Georgie, stop upvoting yourself, it’s beyond lame.
democrats are terrible people doing terrible things for terrible reasons and getting terrible outcomes. This is a constant.
Democrats – Defenders of Illegals, murders, rapist, thieves, gang members, rapist, Antifa etc. This Dem party has gone so far Left along with their MSM friends, CNN, CBS etc, and financial backers Soros, Act Blue, etc. that DEM’s of the past, such as JFK would be considered Republicans. The DEM’s popularity has plummeted and yet the DEMS continue their radical policies. It appears it is going to take a major defeat come the mid terms to perhaps finally convince the DEMS to rid themselves of the radical Left.
Anon @8:24 AM: You forgot to include mention that the Democrats are the party of slavery and secession, Native American genocide (Andrew Jackson, among others), segregation and Jim Crow, re-segregation of the military (Woodrow Wilson), and were the ones that stood in the schoolhouse door to prevent integration in public schools. A terribly damning history, but at least they were consistent.
But the parties (conveniently) switched back in the 60s!!! They truly believe that.
These contemporary dims are just plain ignorant. All Bill Clinton did was tac towards the center and he won.
Donald Trump is basically a textbook 90s Democrat. He practically lifted Dick Gephardt campaign points verbatim. That’s how much the Democrat party has been radicalized since the age of Lightbringer Obama.
All while being a rapist, a serial predator, a coke head, a pervert and all round charismatic personality professional corruptocrat.
We should do nothing to dissuade the Democrats from these circus-like histrionics because they serve well to show the feelings of 20 percent of the population that disagrees with the president’s immigration policies. They are the real and only force within the Democrat party. How that 20 percent stacks up against the other 80 percent that supports the POTUS’s policy should cause lunatics like Booker and Crockett to lose whatever may be left of their minds, assuming, that is, that they have them to lose.
JJC,
Well said. It is the stupid and crazy 20 percent that is driving the other 80 off the cliff. Seriously, 80 percent, you have to give the 20 percent the boot and take back your party. Or, as it is the rights of all voters, when the party no longer represents your values, you have the right to vote for someone who does or leave the party entirely.
These democrats need to stay in their lane. If they spent their energy coming up with ideas and helping our country during these tumultuous times, perhaps they would be viewed more favorably. Instead they continue to divide people.
The Democrats have no problem solving skills, no common sense skills, no common sense nor common decency.
They’ve resorted to using fowl language and anger.
The Democratic strategists lament their dismissal poll numbers and vow to rebrand the party. That is like putting lipstick on a pig. It is still a pig.
They’ve gone off the deep end.. They lost the working class and now seem hell bent to defend hardened criminals instead of looking out for citizens. Really? How bizarre! How insane!
Sen. Chris Van HolleNd is a very angry man. He is also weird! Is he a frustrated old hippy who misses the good old days of the Berkeley Vietnam War protests? Is longing to get back that “loving feeling” of Woodstock?
Van Holland might consider anger management instead.
The Democratic Party is lost in space.,
E.M., I like your comment but I think people like Van Holland are just looking for a “lane” from which to run for president. Of course it leads to the obvious question, who thinks fighting day and night for illegals is a ticket to electoral success? Therein lies the problem, the Democrats have a small base that has moved so far to the left that in order to win the nomination you need to stake out positions that will prevent you from winning a general election.
Just recall in a 2020 Democrat debate when the “moderator” asked for anyone who thinks crossing the border should not be a crime to raise their hand…and they all did.
Wasn’t the same debate where all of the smurfs agreed that illegal aliens should have free, I mean, taxpayer-funded health care too? What a party.
Yup!
Good commentary. Except it leaves out, of course, the primary issue here: that the lefty clowns seeking this have no interest whatsoever in “oversight”. They are simply interested in getting their way, which is to stop deportations. And they think political theatre like beclowning themselves at federal facilities, waxing apoplectic on camera about all the “injustices”, and trying to intimidate and browbeat low-level federal workers will help them do it.
This is all about creating and perpetuating The Narrative.
Summarizing the Democrats’ fight against the Republicans – ala Winston Churchill.
Everyday,
We will fight them with money.
We will fight them with lies.
We will fight them with the MSM.
We will fight them with dirty tricks.
We will fight them with Marxism.
We will fight them in the streets.
We will fight them in the courts.
Plus a little Bogart
We don’t need no stinkin’ programs.
Where roaches check in but they never check out. Democrats are mentally unstable people and should never be allowed to regain control over anything.
Lots of virtue signaling for their base – nothing more
Democrats are increasingly rude, crude, and violent.
Gary
Since Lincoln took away their slaves.
time to START jailing DEMOCRATS for their crimes
Helping illegals is a CRIME!
You’re in a Qult. But, you don’t realize you’re in a Qult. See professional mental health care.
Learn to freaking spell the word “cult” idiot. Hard to take anyone seriously who can’t spell worth a damn using a computer.
Wally, have you tried hooked on phonics? Also, be sure to light your Obama candles before you go to bed tonight, but everyone else in a cult.