SAN FRANCISCO, CA – Following multiple reports of green card holders and other immigrants with legal status being detained for days by U.S. Customs and Border Protection (CBP) at the San Francisco International Airport (SFO), U.S. Rep. Kevin Mullin (CA-15) conducted unannounced oversight visits of the CBP-run airport detention facilities – the first known federal lawmaker to do so.
Despite their legal authority to do so, Members of Congress have had to fight in court for their right to conduct oversight visits of immigration detention centers, where concerns over substandard conditions have risen under President Trump’s inhumane immigration policies.
The San Francisco Chronicle conducted an in-depth investigation documenting over 20 cases of green card holders being detained for up to 8 days by CBP under the Department of Homeland Security (DHS), a stark policy shift under the Trump Administration that is reportedly happening at multiple international airports across the country. By law, CBP detention facilities and the customs areas are operated exclusively by Federal officials, not SFO or the City and County of San Francisco.
During the Chronicle’s investigation, Rep. Mullin, whose Congressional district includes SFO, made an unannounced oversight visit and was unlawfully denied entry by CBP officials. CBP later apologized and acknowledged to Rep. Mullin’s office that the agency had intentionally, but mistakenly, denied his visit and would follow the law on a future visit. Rep. Mullin then returned a few days later for a second unannounced visit and was allowed to see the facility firsthand.
“Congressional oversight is essential during President Trump’s inhumane immigration campaign, and I have serious concerns for the health and safety of the human beings who are under the custody of the United States government,” said Rep. Mullin. “I was shocked to learn green card holders are among those being detained by CBP at SFO, and I question whether their due process rights are being violated. These prison-like conditions are causing unnecessary trauma to people who would have, in the past, been quickly paroled. Now, instead, airports are being used to detain people for days on end in windowless rooms, without their belongings or the ability to make a phone call to loved ones or legal counsel. I will continue to provide oversight because of the nature of these conditions and the fear and anxiety they are operating in.”
Rep. Mullin spoke with San Francisco Mayor Daniel Lurie today to discuss the visit and share what he learned from oversight of the federal immigration facility. They discussed the importance of Congressional oversight and the Mayor reiterated the City’s commitment to local officials not participating in federal immigration enforcement.
During his second visit, Rep. Mullin observed 5 people detained in CBP’s “in transit lounge,” which is a 3,000-square-foot room with couches lining the perimeter, a few lounge chairs and tables, and restroom facilities. Rep. Mullin saw CBP officers in the room with detainees, and additional officers in an adjoining, observation room with a two-way mirror. When asked, CBP shared that the lights are rarely turned off even at night, detainees are provided three meals a day from airport food vendors, and that people are not allowed to contact legal representation but can occasionally have CBP contact a family member. When asked about medical care, CBP shared that there are EMTs on staff and at the airport, that detainees are only allowed access to their prescriptions if they are in pharmacy-labeled containers with their name printed on it, and that detainees would be transferred to a nearby hospital if needed.
Multiple media reports have documented disturbing cases of CBP detaining individuals with legal status being held for up to 8 days at SFO, and the Chronicle’s investigation confirmed passengers from other airports, including Fresno, have been shackled and transported to SFO. In one case, a 67-year-old lawful permanent resident with diabetes didn’t have access to his blood sugar testing supplies and described his experience as “psychological torture,” according to the Chronicle.
CBP confirmed to Rep. Mullin that they were holding lawful permanent residents for multiple days due to a policy shift under Trump, while awaiting certified court records to arrive. In several cases, it appears green card holders have been flagged when returning to the U.S. if they have past arrests or convictions – even for decades-old, non-violent minor misdemeanor charges, and regardless of whether their cases were expunged.
Rep. Mullin’s oversight visit is believed to be the first by a federal lawmaker to a CBP airport detention facility. Under Federal law, Members of Congress may conduct unannounced oversight visits to any facility operated by or for DHS used to detain or otherwise house immigrants. Despite DHS attempts to prevent them, in March, the district court for the District of Columbia ordered DHS to allow unannounced congressional oversight visits pursuant to the law. In May, the United States Court of Appeals for the D.C. Circuit denied a stay of that order.
Rep. Mullin also conducted an unannounced oversight visit to a U.S. Immigration and Customs Enforcement detention facility in California City in May.
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