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Democratic lawmakers visit ICE facility in Broadview after court order granting access

A group of Democratic Illinois lawmakers toured the U.S. Immigration and Customs Enforcement processing center in Broadview on Monday morning.

U.S. Reps. Chuy García, Danny Davis, Delia Ramirez and Jonathan Jackson showed up with a federal order that shows lawmakers cannot be blocked from conducting oversight at immigration facilities.

They were allowed inside, but were told they could not bring any staffers or media with them.

Their visit follows an attempt in June when members of Congress showed up at the same facility to get a look at the conditions inside, but were denied entry. Since then, a federal judge affirmed that members of Congress must be allowed access inside to provide oversight.

"It is despicable that it took six months for us to finally get in," Ramirez said.

Although only two people were being held at the ICE facility at the time of their visit Ramirez and her colleagues criticized the conditions inside, saying they would not be fit for large numbers of detainees.

The lawmakers said the facility has only three bathrooms for up to 80 people or more, and offers no privacy, with toilets inside holding cells with no separation. They also said there is no medical staff on site in case of a medical emergency.

Earlier this month, the Trump administration agreed to extend a temporary restraining order requiring improved conditions inside the Broadview ICE facility.

U.S. District Judge Robert Gettleman in October ordered ICE to improve sanitary conditions inside the facility, and take steps to ensure detainees were given access to their lawyers, among other improvements, after determining the conditions inside were "unnecessarily cruel."

The plaintiffs who brought the class-action lawsuit have argued conditions at the Broadview facility were overcrowded and dirty and not fit for humans, and that ICE regularly denied them their right to consult with their attorneys.

Gettleman's order required ICE to provide detainees at Broadview with clean bedding and sufficient space to sleep if they are held overnight; a shower at least every other day; clean toilet facilities; three full meals per day; a bottle of water with each meal; adequate supplies of soap, toilet paper, and other hygiene products; and menstrual products and prescribed medications.

Holding cells also must be cleaned at least twice a day, and detainees must be provided free and private phone calls with their attorneys. Detainees also must be given a list of pro bono attorneys in English and Spanish upon arrival at the facility, along with interpreter services if needed. Detainees also must be listed on ICE's online detainee locator system as soon as they arrive at the Broadview facility.

That restraining order had been set to expire on December 17, but will now remain in place until April, when Gettleman will hold a hearing to determine if a longer-term injunction is warranted.

The two sides still disagree on whether conditions inside the facility have sufficiently improved

In court filings, attorneys for the Trump administration have claimed "this case is moot" because the conditions that prompted the lawsuit no longer exist, with the number of people held in Broadview down significantly since Border Patrol Commander Gregory Bovino and most of the agents under his command left Chicago for immigration operations in other cities.

"There have been days where no one was processed at Broadview. On other days, one or two people were processed there. On rare days where 20-30 people were processed at Broadview, they were in and out in a matter of hours," the government's attorneys wrote.

The federal government claimed it is already complying with all of the conditions of the temporary restraining order.

"Broadview has learned a lot, is better equipped, and does not foresee having any conditions of confinement or access to counsel issues in the future," they wrote. "This suit is no longer needed to protect the class members' interests. Let's not make the lawsuit bigger than it needs to be."

However, the plaintiffs' attorneys said they have evidence that ICE is still violating some of the terms of the temporary restraining order, despite the decline in the number of people held in Broadview.

"For instance, until ordered otherwise on December 3 by Magistrate Judge McNally, Defendants were refusing class counsel access to Broadview to speak with clients," they wrote. "And any improvements undertaken in response to a court order should not be interpreted as voluntary; the material risk of conditions returning to their pre-TRO state once enforcement efforts ramp up is precisely the kind of risk courts rely on to grant a preliminary injunction."

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