Washington, DC – Today, Congresswoman Julia Brownley (CA-26), Congresswoman Debbie Dingell (MI-06), and Congresswoman Judy Chu (CA-28) led 20 of their House colleagues in sending a letter to Secretary of Homeland Security Kristi Noem in response to recent reports concerning the treatment of individuals with disabilities who have interacted with Immigration and Customs Enforcement (ICE). Individuals with disabilities are legally entitled to accommodations that meet their specific needs, including those detained by ICE. Under Section 504 of the Rehabilitation Act, ICE is required to provide such accommodations and is prohibited from discriminating against people with disabilities in federally funded programs and activities.
“Individuals with disabilities require and are, by law, entitled to accommodations that meet their specific needs. This includes those detained by ICE, given that ICE is bound by statute to comply with Section 504 of the Rehabilitation Act and are prohibited from discriminating against people with disabilities in programs and activities that receive federal funding,” the lawmakers write. “This effectively means that detainees in federal, state, and private detention facilities are entitled to reasonable accommodations to avoid disability discrimination. ICE guidance materials reflect this understanding of the law.1 Further, ICE has a Disability Access Plan developed in August 2020 that should be followed to ensure compliance with this law.2 Moreover, the most up-to-date version of the ICE National Detention Standards, as of 2025, also affirms the rights under the law.”
“Barriers that disabled immigrants face in the immigration system are longstanding and did not appear with the arrival of the Trump Administration. According to both experts and current and former employees at the Department of Homeland Security, the immigration system was already a potentially dangerous place for detainees with disabilities,” the lawmakers continue. “However, as the Administration has aggressively pursued immigration enforcement, they have simultaneously gutted the offices that were in place to safeguard against violations of detainees’ rights, the Office for Civil Rights and Civil Liberties (CRCL) and the Office of the Immigration Detention Ombudsman (OIDO). Since January, staffing for CRCL has dropped by 85% and staffing for OID dropped by 91%.”
“These incidents are deeply troubling and speak to the need for an increased understanding of the unique needs of individuals with disabilities, as well as enforcement of the standards that immigration officials are required to follow by law,” the lawmakers conclude. “It is not only possible but is essential that all law enforcement actions are taken within the bounds of what is allowed by federal law.”
Read the full text of the letter here.
The letter is signed by Representatives Raja Krishnamoorthi, Mark Pocan, Henry C. “Hank” Johnson, Jr., Eleanor Holmes Norton, Madeleine Dean, Dina Titus, Frederica S. Wilson, Lateefah Simon, Pramila Jayapal, Darren Soto, Seth Moulton, Jasmine Crockett, Mark DeSaulnier, Rashida Tlaib, April McClain Delaney, Andrea Salinas, Summer L. Lee, Emanuel Cleaver, II, Jan Schakowsky, and Gilbert Ray Cisneros, Jr.
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Issues: 119th Congress, Immigration