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DHS Staffer Impersonates Attorney to Enter ICE Facility

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Filed March 19th, 2026
Detected March 20th, 2026
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Summary

DHS Director Todd M. Lyons sent a letter to Texas Rep. Veronica Escobar detailing how her staffer, Benito Torres, impersonated an attorney to gain access to ICE facilities on at least 11 occasions and violated facility rules by passing a cell phone to detainees. As a result, Torres is prohibited from accessing any ICE facility.

What changed

U.S. Immigration and Customs Enforcement (ICE) Director Todd M. Lyons has issued a letter to Texas Rep. Veronica Escobar detailing repeated violations of facility protocols by her staffer, Benito Torres. Torres allegedly impersonated an attorney on at least 11 occasions to gain access to ICE detention facilities and distributed a cell phone to detainees, which is prohibited. He admitted he was not an attorney during one such visit.

As a consequence of these actions, Benito Torres has been banned from accessing any ICE facility. The letter also requests a written response from Rep. Escobar regarding whether Torres acted under her authorization and whether her office will cooperate with a potential federal investigation into the matter. This incident highlights the importance of adhering to facility access and security protocols for all visitors, including congressional staff.

What to do next

  1. Review congressional staff access protocols for ICE facilities.
  2. Investigate authorization for staffer visits to ICE facilities.
  3. Ensure all staff adhere to facility visitation policies and security procedures.

Penalties

Benito Torres is prohibited from accessing any ICE facility.

Source document (simplified)

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  4. Texas Rep. Veronica Escobar Staffer Masquerades as an Attorney to Repeatedly Sneak into ICE facility

Texas Rep. Veronica Escobar Staffer Masquerades as an Attorney to Repeatedly Sneak into ICE facility

Release Date: March 19, 2026
WASHINGTON — On March 18, U.S. Immigration and Customs Enforcement (ICE) Director Todd M. Lyons sent Texas Rep. Veronica Escobar a letter detailing how one of her staff members repeatedly lied and misrepresented himself as an attorney to illegally gain access to ICE detention facilities on at least 11 occasions. Rep. Escobar’s staffer, Benito Torres, attested to being an attorney or an “accredited representative appearing before EOIR on immigration matters,” claiming to possess a signed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

He also passed out a cellphone to multiple detainees, despite being made aware that personal phones are not permitted during detainee visits.

“The available evidence demonstrates your staffer, a senior caseworker named Benito Torres, misrepresented himself as counsel for detainees in ICE custody, violated clear detention standards and security protocols prohibiting the use of cellphones inside ICE facilities, improperly met with multiple detainees, and falsely claimed to ICE personnel such use had been approved by the agency,” Director Todd Lyons wrote. “As a result of bringing a cell phone into the Camp East Montana facility, contrary to facility visitation policy, Mr. Torres’ misrepresentation that he is a licensed attorney to gain access to detainees, his improper meetings with groups of detainees, and his assertions to ICE personnel about the origins of his visit, *Mr. Torres is hereby prohibited from accessing any ICE facility*.”

Torres falsely claimed he was a “lawyer” visiting “client[s]” in Camp East Montana’s visitor log on Jan. 30. The facility administrator discovered that Torres was passing a phone to multiple detainees and spoke to him; at that time, Torres admitted he was not an attorney and was visiting as a private citizen. The administrator reiterated the facility’s visitation policies to Torres, who falsely claimed his visit was coordinated through Escobar’s office and ICE’s Enforcement and Removal Operations headquarters.

After the fraudulent visit, officials reviewed past visitor logs and discovered Torres had repeatedly represented himself as a legal professional or said he was visiting for legal reasons. ICE records show that Torres has misrepresented himself at least 11 times, including:

  • September 26, 2025
  • October 9, 2025
  • October 14, 2025
  • October 24, 2025
  • October 31, 2025
  • November 25, 2025
  • December 4, 2025
  • December 12, 2025
  • January 2, 2026
  • January 23, 2026
  • January 30, 2026 The letter requests Escobar’s written response on several questions, including whether Torres acted on orders from or was authorized by her office to make these fraudulent visits. It also requests clarification on whether her office will cooperate with a potential federal investigation into the incident.

Other congressional staffers have tried similar ploys to fraudulently access ICE facilities and detainees; despite the fact there are processes in place to facilitate legitimate oversight. In November 2025, Sen. Tammy Duckworth fired a staffer who misrepresented himself as an attorney to do the same.

Read the full letter to Escobar below or click the attached link:

Dear Representative Escobar:

I write regarding the troubling—and potentially illegal—actions of a member of your staff in recent weeks in the context of his interactions with U.S. Immigration and Customs Enforcement (ICE) and detainees held in ICE custody.

The available evidence demonstrates your staffer, a senior caseworker named Benito Torres, misrepresented himself as counsel for detainees in ICE custody, violated clear detention standards and security protocols prohibiting the use of cell phones inside ICE facilities, improperly met with multiple detainees, and falsely claimed to ICE personnel such use had been approved by the agency.

On January 30, 2026, at approximately 12:49 PM MST, while seeking to enter the Camp East Montana facility, Mr. Torres indicated he was a “lawyer” visiting “client[s].” He indicated this in the context of 11 individuals, as the image below clearly shows:

At approximately 4:00 PM MST, the Assistant Field Officer Director (AFOD) was notified by the Facility Administrator (FA) that an individual was passing a phone to multiple detainees. Upon investigation, the individual was identified as Mr. Torres. The FA spoke directly with Mr. Torres, who confirmed he was not an attorney and was visiting as a private person. Facility visitation policies, which are posted at the facility, were reiterated to Mr. Torres.

Specifically, Mr. Torres was advised that personal phones are not permitted during detainee visits; visitors may not allow detainees to use their phones; and visits with multiple detainees in a group are not permitted. Mr. Torres claimed the visits were coordinated through your office with ICE Enforcement and Removal Operations (ERO) headquarters but could not provide a specific contact. Upon further investigation it was determined that, although Mr. Torres is an official staffer for you; he was not visiting the Camp East Montana facility as part of an official congressional tour or visit coordinated through the ICE Office of Congressional Relations, as the logbook entry attests.

In addition, ERO personnel confirmed no special request had been approved for Mr. Torres, and as a civilian visitor, cell phones are not permitted unless prior approval has been granted and communicated to facility leadership.

A subsequent review of ICE ERO logbooks at the Camp East Montana facility found Mr. Torres had repeatedly represented himself as a legal professional and/or visiting for legal reasons. Dates documented in ICE records include the following visits by Mr. Torres:

  • September 26, 2025
  • October 9, 2025
  • October 14, 2025
  • October 24, 2025
  • October 31, 2025
  • November 25, 2025
  • December 4, 2025
  • December 12, 2025
  • January 2, 2026
  • January 23, 2026
  • January 30, 2026 The review also found that on other occasions, including October 31 and November 25, 2025, Mr. Torres attested to being an attorney or “an accredited representative appearing before EOIR on immigration matters,” claiming to possess a signed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, for specific detainees. Images of these attestations are below:

Multiple contract personnel have also confirmed with ERO leadership that Mr. Torres has represented himself to each of them as an attorney.

The 2025 National Detention Standards (NDS 2025), § 2.3, Facility Security and Control, outlines standards to protect communities, staff, contractors, volunteers, and detainees from harm by ensuring facility security is maintained and that events which may pose a risk of harm are prevented. As such, detention facilities like the Camp East Montana facility are expected to have policy and procedures for conducting security inspections, including procedures for the control and prevention of contraband inside the facility.

Per ICE’s guidance regarding congressional visits to ICE facilities, which is provided to congressional offices prior to such visits, the use of cell phones inside these facilities is strictly prohibited, and violations of the policy could lead to adverse action. Specifically, the guidance notes that no “electronic recording devices or picture taking is permitted inside ICE detention facilities,” and “[i]ntroduction of contraband or other criminal violations may lead to criminal prosecution of a visitor.”

As a result of bringing a cell phone into the Camp East Montana facility, contrary to facility visitation policy, Mr. Torres’ misrepresentation that he is a licensed attorney to gain access to detainees, his improper meetings with groups of detainees, and his assertions to ICE personnel about the origins of his visit, Mr. Torres is hereby prohibited from accessing any ICE facility. The agency is authorized to impose appropriate sanctions consistent with NDS 2025 § 5.5, Visitation, II. E, which allows ICE ERO to impose a sanction upon any violator of its visitation policy, including loss of visitation privileges. ERO is the ultimate arbiter of the scope of the appropriate sanction for this violation.

While ICE continues to abide by all court orders regarding congressional access to ICE facilities, these orders do not create a blanket immunity from facility security and visitation policies. ICE ERO retains the authority to require all visitors, including yourself and your staff, to comply with neutral, generally applicable, conduct-based facility rules.

I am deeply distressed that, as ICE continues to provide your office with consistent access to ICE facilities and seeks to answer your many requests for information, a staffer from that same office would engage in such behavior. This only undermines public trust in elected officials and creates more division among the American people. I am even more disappointed that, yet another Member of Congress would tolerate such activity among her staff following a similar incident involving Senator Tammy Duckworth (D-IL) last November, in which a then-staffer sought access to detainees by falsely representing himself as an attorney at an ICE field office.

I request your written response to the following questions by March 26, 2026:

  • Is Mr. Torres an employed member of your congressional staff, and was he employed
    by your office on the dates of these incidents?

  • To your knowledge, is Mr. Torres an attorney, legal representative, or person who
    otherwise meets requirements to represent a person detained in ICE custody as

required by the G-28?

  • To your knowledge, if Mr. Torres is an attorney, has he officially represented any
    detainees at the Camp East Montana facility since September 2025?

  • Did Mr. Torres act on orders from your office- including yours or your Chief of Staff
    or other leadership- to mislead law enforcement for the purpose of interacting with a

detainee, obtaining federal documentation about any detainee or his case, and/or

obtaining his release?

  • Was Mr. Torres’ travel to the Camp East Montana facility, and his intent to speak to detainees and illicitly pass around a cell phone in violation of clear ICE policies,

authorized by your office? Were you or any other member of your staff aware of Mr.

Torres’ intentions to travel to the facility that day?

  • Are you aware of other occasions where Mr. Torres engaged in making false statements or other such behavior? Did you authorize any such actions on any

occasion? If you did not do so, who in your office was responsible for such

authorization?

  • Are you aware that falsifying, concealing, or covering up by any trick, scheme, or device of a material fact to a federal agent, as well as making or using any false

writing or document knowing the same to contain any materially false, fictitious, or

fraudulent statement or entry, in any matter within the jurisdiction of the U.S.

government, are federal crimes (see 18 U.S.C. § 1001)?

  • Do you condone the behavior of Mr. Torres? If not, how will you hold Mr. Torres
    accountable for these actions?

  • Will your office cooperate with a potential federal investigation into the incident
    described in this letter and potential wrongdoing by a member of your congressional

Staff?

I look forward to your responses to these important questions, and I implore all members of the U.S. House of Representatives and the U.S. Senate, as well as their staff, to refrain from engaging in political games that put law enforcement and detainees at risk.

If you have questions or would like to discuss this matter further, please contact the ICE Office of Congressional Relations via email at CongresstoICE@ice.dhs.gov .

Sincerely,

Todd M. Lyons

Senior Official Performing the Duties of the Director

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
DHS
Filed
March 19th, 2026
Instrument
Enforcement
Legal weight
Non-binding
Stage
Final
Change scope
Substantive
Document ID
Release Date: March 19, 2026

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Facility Access Detainee Visits
Geographic scope
United States US

Taxonomy

Primary area
Immigration
Operational domain
Compliance
Topics
Government Operations Ethics

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