Source: United States House of Representatives – Congressman Raja Krishnamoorthi (8th District of Illinois)
WASHINGTON – Yesterday, Congressman Raja Krishnamoorthi (D-IL) sent a letter to Homeland Security Secretary Kristi Noem raising alarms over what he describes as persistent, systemic failures by U.S. Immigration and Customs Enforcement (ICE) personnel to provide detainees with access to Privacy Release Form 60-001, the federally required document that allows Members of Congress to lawfully obtain information about individual detainee cases and intervene when rights violations or urgent safety issues arise. Without this form, detainees cannot authorize congressional inquiries, and Congress cannot perform even the most basic oversight functions mandated under federal law.
In the letter, Congressman Krishnamoorthi details repeated reports from attorneys, families, and advocates that detainees are either denied access to the form entirely or that completed forms “are never transmitted to the proper channels.” He cites ICE’s own Congressional Relations Office, which advised that detainees should be able to obtain the form by phone or written request, avenues that, in practice, “do not function,” according to the congressman.
Congressman Krishnamoorthi wrote that this breakdown has produced what he described as a manufactured catch-22: ICE refuses to share information with Congress without a signed privacy waiver, while simultaneously refusing to provide detainees the very form required to authorize the release. This, he notes, unlawfully obstructs detainees’ rights and “prevents Congress from conducting even basic oversight.”
The letter underscores that federal law, including the Privacy Act of 1974 and the Judicial Redress Act of 2015, presumes detainees have meaningful access to the required privacy form. The congressman argues denying that access effectively blocks lawful oversight and undermines the department’s own stated procedures.
Congressman Krishnamoorthi calls on DHS to take immediate corrective action, including:
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Ensuring all ICE detention facilities provide Privacy Release Form 60-001 to any detainee upon request, without delay or obstruction.
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Directing all field offices, contractors, and personnel to promptly process completed forms and transmit them to congressional offices without exception.
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Issuing and publicly posting clear, uniform guidance affirming ICE’s legal obligations regarding privacy waivers and cooperation with congressional inquiries.
He requests a DHS briefing by December 11 and a detailed plan to remedy and prevent future failures.
The full letter can be found here.