LINCOLN — A Nebraska lawmaker two times was denied entry to the controversial state-run federal immigration detention facility that federal officials dubbed the “Cornhusker Clink” — and now is calling on the Legislature’s Executive Board to step in.

State Sen. Machaela Cavanaugh of Omaha said Monday that she made the four-hour trip to McCook in mid-November to check out the conditions of the place where migrant detainees of the U.S. Immigration and Customs Enforcement are held pending deportation.

She argues that the Nebraska Department of Correctional Services violated state law by not allowing her into the converted Work Ethic Camp, and cites a state statute that says Nebraska legislators are entitled to visit any state correctional facility “at any time.”

When Gov. Jim Pillen and Corrections Director Rob Jeffreys announced the agreement with the federal government, Cavanaugh noted, they stated that the department would manage the property and it would continue to be considered a state facility.

“The denial of physical entry to a sitting senator is not only unprecedented — it is the latest escalation in a broader pattern of obstruction that undermines the Legislature’s statutory and constitutional oversight obligations,” Cavanaugh said.

‘Oversight Is Not Optional’

The Omaha senator said she routinely conducts unannounced visits to state-run 24-hour facilities “because direct oversight is not optional — it is a core responsibility of my job.”

She said she specifically wanted to visit the McCook ICE detention center, because it involved “people being held in Nebraska without criminal charges and, in many cases, without clear legal recourse.” The immigration court and deportation process is separate from state courts, and immigrants held by ICE often face civil versus criminal charges.

“When the state deprives someone of their liberty, the conditions of that confinement must be subject to full public and legislative scrutiny,” she told the Nebraska Examiner. “There is no scrutiny. There is no carve-out in Nebraska law for secrecy just because ICE is involved.”

The Pillen administration interprets the law differently.

Laura Strimple, a Pillen spokesperson, said the Nebraska Constitution and state law “are clear — a single member of the Legislature cannot demand unfettered access to any of the state’s facilities at any time.” Her statement cited no statute.

Strimple continued: “There are staffing, security and operational considerations when any visit occurs, including by members of the Legislature. At WEC in particular, and pursuant to the state’s contractual obligations with DHS/ICE, visits by dignitaries are subject to approval and coordination with our federal partners.”

Cavanaugh documented her efforts to gain entry to the former WEC in a letter to State Sen. Ben Hansen, chair of the Legislature’s Executive Board, and Sen. Myron Dorn, chair of the Legislative Oversight Committee.

Seeking action to defend the legislative branch’s authority, Cavanaugh also chronicled five prior legislative attempts to obtain information about the project, describing a pattern of “limited transparency and restricted information.”

Dorn was not immediately available for comment.

Hansen told the Examiner that he planned to discuss with legal counsel what the role of the Executive Board might play in this situation.

“Any concern of a state senator is a concern of mine,” he said. “But I also want to understand what the roles are … and what we need to do as an Executive Board to help address her concerns.”

The American Civil Liberties Union of Nebraska also released a statement Monday reiterating the state statute that says members of the Legislature “shall be allowed to visit any facility in the Department of Correctional Services at any time.” It pointed to an Oct. 17 news release from Pillen noting that the detention center, which formerly served as a minimum-security prison, is owned and managed by the NDCS.

“State senators have a legal right to access state prison system facilities for a reason: their ability to get eyes on these closed environments helps keep our government accountable,” said Jennifer Houlden, ACLU Nebraska’s acting legal director.

The McCook facility has been been housing ICE detainees since early November. Pillen said he had expected the first phase of about 200 beds to be full by Thanksgiving. The prison continued to be renovated for a second phase of about 100 additional migrants that will include adult men and women.

Because the property is staffed with state employees, it needs to meet the same legal obligations as any other NDCS facility, Houlden said.

“The bottom line is that you cannot contract your way out of state law or meaningful oversight,” she said.

Email Exchange

Email between Cavanaugh and Jeffreys and a person the senator described as a warden at the McCook facility offers details of the rejected visits on Nov. 12-13.

According to the email exchange:

Cavanaugh arrived at the facility around 4:20 p.m. Nov. 12, and apparently spoke to Jeffreys via the warden’s cell phone around 4:30 p.m., who told her she had failed to provide notice of her visit.

Said Jeffreys: “You were instructed that no person could arrive unannounced and be given immediate entry to a Nebraska correctional facility or a federal detention center.”

Cavanaugh, in an email around 10 p.m. that night of Nov. 12, emailed the warden and Jeffreys that she would be returning to the facility the next morning.

“Though statute 83-186 (attached) does not require me to provide notice, I am giving you this notice per my conversation with Director Jeffreys on Warden Sommer’s cell phone at approximately 4:30 p.m. today, when Director Jeffreys informed me that I had failed to provide notice of my visit.”

Jeffreys later wrote to Cavanaugh to “clarify the legal position” of the department as to why she was not allowed to enter.

“It is the fundamental nature of corrections, safety protocols and operations, and consistent with Nebraska law, that unannounced visitors of any type cannot be accommodated.”

He said her communication alerting them that she’d be there again Nov. 13 was “short notice” and “again a problem.”

Of Cavanaugh’s legal justification for her visit, Jeffreys said in email that his team “worked to analyze your request, get legal advice and collaborate with our federal partners.”

“We have come to the determination that you will not be allowed to enter the WEC until you have complied with U.S. Immigration and Customs Enforcement protocols related to detention center visits and provided sufficient notice to allow for the safe conduct of a visit.”

He also said that statute 83-186 “does not displace protocols for the security and safety of corrections facilities.” He said his team read that statute “in harmony with the statutory scheme of which it is a part.”

Defense Of Legislative Branch

Cavanaugh, in the letter to Hansen and Dorn, said she reviewed the state’s contract with ICE and believes it provides that any “provision of this agreement contrary to applicable statutes … is null and void and shall not necessarily affect the balance of the agreement.”

“This means that the right of access provided in 83-186 invalidates any interpretation that members of the Legislature may be prohibited from accessing the facility.”

Cavanaugh said the documented history demonstrates that legislative leaders “have repeatedly sought access to accurate, timely information” on the project and its implications.

She said the Executive Board oversees all legislative services and employees and hears matters of “general import to the Legislature and its operations as a whole.” She said Jeffreys actions were a “direct disregard” of the Legislature and its constitutional authority.

“I urge you … to act to defend the authority of the legislative branch. Such action is necessary to ensure we can effectively represent our constituents and the people of Nebraska.”

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2025/12/08/nebraska-lawmaker-was-twice-deni...