Congress’ Oversight Function Does Not Include Disrupting Government Business Or Charging Secret Service Protectees

June 12, 2025, Fairfax, Va.—Americans for Limited Government Executive Director Robert Romano today issued the following statement in response to the Secret Service briefly detaining Sen. Alex Padilla (D-Calif.) after he disrupted a press conference by Department of Homeland Security Secretary Kristi Noem in Los Angeles:

“In 2024, Congress enacted the Further Consolidated Appropriations Act of 2024 that provides in Section 527 of Title V to permit members ‘for the purpose of conducting oversight [to enter] any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens…’ This provision was carried over for the remainder of the fiscal year when Congress adopted a continuing resolution.

“However, Congress’ oversight function, like the First Amendment, is not a blank check for protestors, even U.S. Senators, to disrupt government business under 18 U.S. Code 1752, which prohibits ‘imped[ing] or disrupt[ing] the orderly conduct of Government business or official functions’ in a restricted facility which includes ‘any building… [a] person protected by the Secret Service is or will be temporarily visiting.’ The Secret Service did its job. It would be no different than a member of Congress or anyone else for that matter bursting into the White House press briefing room, shouting and charging the stage while the President was addressing reporters. Nobody gets to do that. It’s not oversight, and the Secret Service is not going to let them get close to the protectee.

“This is the third time in as many weeks members of Congress have tried to break into federal facilities utilized by the Department of Homeland Security, first by New Jersey Democratic Rep. LaMonica McIver, then California Democratic Rep. Maxine Waters and now by Senator Alex Padilla. If a protestor were interrupting Congressional hearings the way the Senator was today and shouting while members were conducting business, they would be removed from the hearing and they might even be arrested, and the members who are abusing their Section 527 ‘authority’ today know it.”

Attachments:

U.S. Immigration and Customs Enforcement (ICE) Facility Visit and Engagement Protocol for Members of Congress and Staff: “All visitors are expected to comply with facility rules, procedures, and instructions from ICE personnel on site. In the event of an emergency, facility personnel will provide further instructions. To ensure security, preserve privacy, and avoid any disruptions in daily operations, all individuals touring ICE facilities shall maintain appropriate decorum, adherence to applicable ICE facility standards, and abide by this Protocol.” June 2025, https://www.ice.gov/doclib/detention/iceFacilityVisitationCongressional.pdf

For media availability contact Americans for Limited Government at media@limitgov.org.

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