U.S. Rep. Kevin Mullin gained access to a federal immigration detention facility at San Francisco International Airport on Aug. 26 after border agents blocked his first attempt six days earlier.
Mullin, a Democrat whose 15th Congressional District includes SFO, is the first federal lawmaker known to have conducted an oversight visit to a U.S. Customs and Border Protection (CBP) airport detention facility, according to a press release his office issued Tuesday, Sept. 1.
The visits followed a San Francisco Chronicle investigation that found more than two dozen immigrants, mostly green-card holders with past arrests, had been held at SFO for more than three days without access to attorneys, dedicated medical care or beds. That exceeds CBP's own 72-hour cap on airport detentions.
SFO ranked second nationally, behind Miami, in detentions exceeding 72 hours that led to an ICE transfer, the Chronicle reported. The airport also had the largest share of green-card holders among detainees: 19 of 25 cases.
Turned away, then let in
Mullin first showed up unannounced on Aug. 20. CBP officials blocked him. The agency later apologized and told his office the denial was intentional but mistaken. CBP pledged to follow the law on a future visit.
He returned Aug. 26 and was allowed inside. In the facility's "in transit lounge," a roughly 3,000-square-foot windowless room in the Dianne Feinstein International Terminal, Mullin found five people detained. Couches lined the perimeter. Officers sat in the room with detainees; more watched from an adjoining observation room through a two-way mirror.
CBP told Mullin lights are rarely turned off at night. Detainees get three meals a day from airport food vendors but cannot contact lawyers. They can occasionally ask a CBP officer to call a family member. Prescription medications are allowed only in pharmacy-labeled containers bearing the detainee's name.
"There's no way I'd want to stay in that congregate setting for a night, let alone a whole week," Mullin told the Chronicle after the visit.
Green-card holders held under new policy
CBP agents confirmed to Mullin that holding lawful permanent residents for multiple days reflects a policy shift under the Trump administration. Agents said the practice began early last year, with detainees held while the agency awaits certified court records.
Green-card holders have been flagged upon returning to the U.S. for past arrests or convictions, including decades-old, non-violent minor misdemeanor charges and expunged cases, according to Mullin's office. The median age of green-card holders detained at SFO beyond three days was 57, compared with a national median of 44, the Chronicle found.
Courts being closed on weekends can stretch someone's detention to five or six days, CBP agents told Mullin.
In his Tuesday, Sept. 1 statement, Mullin said he has serious concerns about the health and safety of people in federal custody and questioned whether detainees' due process rights are being violated.
What's next
Mullin spoke with San Francisco Mayor Daniel Lurie on Tuesday, Sept. 1 about the visit. Lurie said the city remains committed to local officials not participating in federal immigration enforcement.
Under federal law, members of Congress may conduct unannounced visits to any facility operated by or for the Department of Homeland Security that houses immigrants. A D.C. district court ordered DHS to allow such visits in March, and a federal appeals court denied a stay of that order in May. Mullin has pledged continued oversight of the facility.
