NEWARK, N.J. — The Department of Homeland Security issued a sharp reminder over the weekend that members of Congress and their staff must comply with federal law when visiting U.S. Immigration and Customs Enforcement (ICE) facilities, following a confrontation in New Jersey that resulted in several federal agents being assaulted and Newark Mayor Ras Baraka being arrested for trespassing.
According to DHS, the incident involved a group of congressional leaders who pushed past a police checkpoint at an ICE facility, violating federal protocol and injuring multiple agents in the process. Baraka, who is not a member of Congress and lacked authorization to access the site, was taken into custody shortly after the breach.
“Members of Congress cannot break the law in the name of ‘oversight,’” DHS said in a Saturday statement posted to X, formerly Twitter. “All members and staff need to comply with facility rules, procedures, and instructions from ICE personnel on site.”
ICE policy outlines specific protocols for congressional visits, as codified in the Consolidated Appropriations Act. While the law prohibits ICE from blocking oversight visits by Members of Congress, it also allows the Department of Homeland Security to require 24-hour advance notice for visits by congressional staff. Baraka did not qualify under either category.
ICE confirmed that any individual attempting to conduct oversight at a detention facility must be properly identified, provide adequate notice, and follow all rules during their visit. Violation of these protocols may result in removal or legal action.
Oversight visits subject to security protocols and access limits
Facility entry requirements distinguish between Members of Congress and congressional staff. While members are permitted access without prior notice under federal law, staffers must submit a request at least 24 hours in advance. The regulations are designed to prevent disruption, ensure the safety of federal personnel, and maintain order within detention centers.
According to DHS guidelines, ICE facilities are not open to the general public or unauthorized officials. Access is limited to Members of Congress, congressional staff delegations, and select individuals involved in oversight. Requests for public or media access must be directed to ICE Field Offices.
All visitors to ICE sites are subject to search and must adhere to safety and security procedures. DHS said any attempt to bypass these protocols, regardless of rank or position, would be treated as a criminal offense.
Democrat Congresswoman LaMonica McIver, Congresswoman Bonnie Watson Coleman, and Congressman Robert Menendez, son of disgraced and convicted former U.S. Senator Bob Menendez were all involved in the incident.1