On Wednesday, U.S. Representatives Mike Levin, Sara Jacobs, Juan Vargas and Scott Peters co-authored a letter to U.S. Department of Homeland Security Secretary Kristi Noem demanding answers about immigrants being detained at the federal courthouse building in downtown San Diego.
“We write regarding recent reports that U.S. Immigration and Customs Enforcement (ICE) is arresting and detaining immigrants at the Edward J. Schwartz Federal Building in San Diego, California, and transferring these individuals to the facility’s basement,” the letter began.
Levin told NBC 7 it was inspired by reporting in which volunteers, who observe the detentions each day, said they counted 44 people who were taken by ICE personnel throughout a four-day period starting Oct. 9.
The letter asked why those people were detained, if they were held for more than 24 hours and where, exactly, they were in the building. It also asked why the federal building was chosen and if the facility meets “national detention standards (NDS).”
“If the options are sending a letter that the administration doesn’t respond to or not doing anything, then there’s really no choice,” Levin said. “We’ve got to hold the administration to account.”
While NBC 7 did not receive a statement in direct response to the letter from DHS and ICE, it NBC 7 did receivestatements in the past week that address some of the concerns mentioned by Levin, including that the building is not set up to be a detention facility.
An ICE spokesperson said, in an emailed statement on Oct. 16:
“The staging area located at the San Diego federal building at 880 Front St. serves as a secure and well-equipped processing facility where all detainees are provided access to meals, water, snacks, telephones and the ability to contact their consulate or legal representation. Individuals are held in this processing area for the minimum amount of time necessary to complete processing and determine the most appropriate housing location based on their specific needs. Key factors such as medical requirements, removability status and available bed space are carefully considered to ensure the best possible placement.”
However, Ruth Mendez, a volunteer who spends nearly every day at the courthouse observing what is happening to those who show up for immigration hearings and ICE check-ins, said what she is being told from those who are released paints a different picture.
“We’ve heard multiple concerning situations that people are subjected to once they’re taken from the office down to the basement,” Mendez said, including people not having access to phones and being unable to let family or their attorney know what happened.
Mendez added that mats for sleeping are insufficient and meals are often frozen items that are reheated.
On Monday, Representatives Peters and Vargas, both Democrats, sought to investigate these reports, but they said the Trump administration denied them access to the building. NBC 7 was sent a video from the inside of the building by Arturo Gonzalez, an activist, whiche appeared to show the moments they were being denied after explaining they had the right to “congressional oversight.”
That day, Tricia McLaughlin, the assistant secretary of public affairs for DHS, sent an emailed statement in response that read, “Democrats should get back to Washington, do their jobs and reopen the government.”
It continued: “Contrary to claims made by these politicians, the facility was NOT over capacity and was actually empty after all individuals were transferred to a long-term detention center for their safety because of the ‘No Kings’ protest nearby.”
The statement added that 29 people were returned to the building after the rally, held on Saturday, was over.
Levin said he also plans to visit the facility in a congressional oversight capacity and has already put in a formal request, but was told by DHS that because of the government shutdown, federal agencies need advance warning.
“They’re using the shutdown as an excuse that they need 10 days,” Levin said. “Well, the clock is ticking.”
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