Democrats wrestle with how to conduct oversight as Trump officials crack down

Federal prosecutors allege that McIver interfered with law enforcement during a visit with two other House Democrats to an Immigration and Customs Enforcement facility in Newark, New Jersey. She calls the charges "baseless."

It's far from the only clash between congressional Democrats and the Republican administration as officials ramp up deportations of immigrants around the country.

Sen. Alex Padilla of California was forcibly removed by federal agents while attempting to speak at a news conference for Homeland Security Secretary Kristi Noem. At least six groups of House Democrats have recently been denied entry to ICE detention centers. In early June, federal agents entered the district office of Rep. Jerry Nadler, D-N.Y., and briefly detained a staffer.

Congressional Republicans have largely dismissed Democrats' behavior as inflammatory and inappropriate, and some have publicly supported the prosecution of McIver.

Often in the dark about the Trump administration's moves, congressional Democrats are wrestling with how to perform their oversight duties at a time of roiling tensions with the White House and new restrictions on lawmakers visiting federal facilities.

"We have the authority to conduct oversight business, and clearly, House Republicans are not doing that oversight here," said New Jersey Rep. Rob Menendez, one of the House Democrats who went with McIver to the Newark ICE facility.

"It's our obligation to continue to do it on site at these detention facilities. And even if they don't want us to, we are going to continue to exert our right."

Democrats confront a stark new reality

The prospect of facing charges for once routine oversight activity has alarmed many congressional Democrats who never expected to face criminal prosecution as elected officials. Lawmakers in both parties were also unnerved by the recent targeted shootings of two Minnesota lawmakers and the nation's tense political atmosphere.

"It's a moment that calls for personal courage of members of Congress," said Rep. Summer Lee of Pennsylvania. "I wish that we had more physical protection. I think that's one of those harsh realities that members of Congress who are not in leadership recognize: that oftentimes, we do this job at our own peril, and we do it anyway."

The arrests and detentions of lawmakers have led some Democrats to take precautionary measures. Several have consulted with the House general counsel about their right to conduct oversight. Multiple lawmakers also sought personal legal counsel, while others have called for a review of congressional rules to provide greater protections.

"The Capitol Police are the security force for members of Congress. We need them to travel with us, to go to facilities and events that the president may have us arrested for," said Rep. Jonathan Jackson of Illinois.

'There's not a lot of transparency'

As the minority party in the House, Democrats lack the subpoena power to force the White House to provide information. That's a problem, they say, because the Trump administration is unusually secretive about its actions.

"There's not a lot of transparency. From day to day, oftentimes, we're learning about what's happening at the same time as the rest of the nation," said Rep. Lucy McBath, D-Ga., who led a prayer for McIver at the Capitol rally.

Democrats, to amplify their concerns, have turned to public letters, confronted officials at congressional hearings and digital and media outreach to try to create public pressure.

"We've been very successful when they come in before committees," said Rep. Lauren Underwood of Illinois, who added that she believed the public inquiries have "one hundred percent" resonated with voters.

Tapping into the information pipeline

Congressional Democrats say they often rely on local lawmakers, business leaders and advocates to be their eyes and ears on the ground.

A handful of Democrats say their best sources of information are across the political aisle, since Republicans typically have clearer lines of communication with the White House.

"I know who to call in Houston with the chamber. I think all of us do that," said Texas Rep. Sylvia Garcia of how business leaders are keeping her updated.

Garcia said Democrats "need to put more pressure" on leading figures in the agriculture, restaurant and hospitality sectors to take their concerns about the immigrant crackdown to Trump's White House.

"They're the ones he'll listen to. They're the ones who can add the pressure. He's not going to listen to me, a Democrat who was an impeachment manager, who is on the bottom of his list, if I'm on it at all," Garcia said.

Rep. Jason Crow, D-Colo., for instance, had a working relationship with a for-profit ICE facility in his district until DHS in February ended reports as part of an agency-wide policy change. Crow's office now sometimes waits weeks for a written response from staff at the Aurora facility. His team has regularly toured the facility this year, with ICE agents sometimes present alongside the facility's private staff.

Democrats say 'real oversight' requires winning elections

Still, many House Democrats concede that they can conduct little of their desired oversight until they are back in the majority.

Rep. Marc Veasey, D-Texas, said that "real oversight power and muscle" only comes "when you have a gavel."

"Nothing else matters. No rousing oratory, no tours, no speeches, no social media or entertainment, none of that stuff," Veasey said. "Because the thing that keeps Trump up at night more than anything else is the idea he's going to lose this House and there'll be real oversight pressure applied to him."