This week, we returned to federal court after the Trump administration reinstated a policy that blocks members of Congress from making oversight visits to ICE detention facilities unannounced.
We’re representing 12 members of Congress in their lawsuit against the Trump administration for obstructing their access to immigration detention centers. Last month, a federal court ruled that the administration cannot block members’ unannounced access to ICE facilities to conduct oversight.
But over the weekend, DHS Secretary Kristi Noem quietly reinstated restrictions on congressional visits to ICE facilities. On Monday, the 12 Congressional members filed a motion asking the U.S. District Court for the District of Columbia to order the administration to explain how this new policy is not a violation of federal law.
The Trump administration has “made clear that it is willing to defy both Congress and the courts to conceal conditions inside immigration detention facilities, effectively enabling — if not openly endorsing — ongoing abuse and neglect,” our Executive Director Chioma Chukwu said.
We previously filed FOIA requests about troubling themes in ICE recruitment campaigns. Both DHS and ICE have been posting stylized arrest videos and recruitment ads that invoke white nationalist themes. We have also sent FOIA requests for social media strategy documents that could show who the agencies’ target audiences are and why they are using this imagery. We’ve asked for communications, budgets, and strategy documents regarding recruitment tactics.
Trump’s first-term records become FOIA eligible next week
Records from the first Trump administration will become eligible for public access on Jan. 20, five years after the end of Trump’s first term. It’s a huge opportunity to learn more about how Trump operates — but his former defense attorney is overseeing the process.
On Friday, we sent a letter calling on Deputy Attorney General Todd Blanche to remove himself from any role overseeing access to those records. We also filed FOIA requests on Thursday to determine how the administration plans to comply with transparency laws like the Presidential Records Act, which was enacted in the wake of the Watergate scandal to make sure no single officeholder is the owner of Presidential records.
We raised serious concerns about Blanche’s suitability as President Trump’s designated representative regarding presidential records from his first administration. Trump selected Blanche for that role in 2023, while Blanche was representing Trump in his criminal cases. During his Senate confirmation hearing, Blanche affirmed he has a “continuing duty” to Trump in terms of confidentiality and loyalty.
“Presidential records belong to the American people, period,” Chukwu said. “As records from Trump’s first administration come due, the public is entitled to know what actually happened, who designed the policies that devastated communities across the country, and how those same actors may be shaping the administration today.”
Trump’s “Chief Enforcer” allegedly using personal devices, auto-delete for official business
Ed Martin, the “chief enforcer” of Trump’s political agenda within the Justice Department, has played a key role in the Trump administration’s attacks on the president’s perceived political enemies. Martin is reportedly covering his tracks by conducting official business on personal devices and autodeleting messaging apps.
We expanded our lawsuit for records related to Martin this week. Our amended complaint details DOJ’s ongoing failure to respond to our Freedom of Information Act (FOIA) requests seeking records involving Martin, despite credible allegations that he has been trying to hide records of his activities.
We are asking that Martin’s communications be preserved and made public so that he can be held accountable.
“The public has a right to know how Ed Martin is wielding power at the DOJ to advance Trump’s political retribution campaign,” said Chukwu.
American Oversight in the news
Initial review finds no widespread illegal voting by migrants, puncturing a Trump claim (New York Times)
DHS again restricts lawmaker visits to ICE detention facilities (Roll Call)
Congressional Democrats challenge new DHS order limiting oversight visits (El Paso Times)
Watchdog group urges Blanche to step aside as Trump’s records gatekeeper (Politico)
Other stories we’re following
Trump is trying to change how the midterm elections are conducted (Washington Post)
FBI searches home of Washington Post journalist for classified documents (New York Times)
US plane used in boat strike was made to look like civilian aircraft (Washington Post)
Cochise cronyism: An Arizona sheriff, ICE and quarter-million dollars (Phoenix News Times)
Kennedy adds vaccine advisory panel members with histories of opposition to vaccines, antidepressants in pregnancy (NBC News)
