The Department of Homeland Security has claimed that a lawsuit filed by New Jersey officials against the private operator of the Delaney Hall detention facility is “frivolous,” saying that New Jersey officials have been allowed access to inspect the facility.

The lawsuit was filed by New Jersey Attorney General Jennifer Davenport and New Jersey Department of Health Commissioner Raynard Washington against GEO Group, the operator of the facility, on Tuesday. The suit is requesting that a judge allow officials to have full access to the facility for an inspection amid allegations of unsanitary and unsafe conditions inside.

The Department of Homeland Security said, “This is a frivolous lawsuit. ICE is committed to transparency, and Delaney Hall complies with all required state and local laws. Just last week on May 28, four representatives of the New Jersey State Health Department arrived at approximately 11:00 AM. They entered the facility and inspected the foodservice department. The inspection of the kitchen was completed and they departed around 12:30 PM. We will continue to grant state and local inspectors’ access to the facility where appropriate.”

The department added, “ICE is regularly audited and inspected by external agencies. All detainees are provided with proper meals, quality water, blankets, medical treatment, and have opportunities to communicate with their family members and lawyers.”

The lawsuit claims that “public reporting has raised significant concerns about public health conditions in the facility, including overcrowding and lack of ventilation; lack of or inadequate medical care or hygiene practices; unsanitary food and drink preparation and storage; and the unchecked spread of communicable diseases like COVID-19 and Influenza. In addition, direct reports to the Department have complained of unsanitary bathroom conditions and potentially inadequate Tuberculosis infection control practices.”

The Department of Health sought access to the facility on May 27 to conduct an inspection of the facility pursuant to New Jersey’s health and sanitation laws, however, the lawsuit said that the facility blocked them from having full access to the facility, instead being allowed to only inspect food service areas. “Plaintiff was barred from any remaining areas, including but not limited to the medical unit; toileting and shower facilities; ventilation; HVAC; and sleeping areas.”

“Without inspecting these areas, Plaintiff is unable to ascertain whether Defendant is taking sufficient precautions to mitigate the serious and unchecked risk of communicable diseases to both detainees at Delaney Hall and New Jersey’s public at large.”

The lawsuit said the Department of Health was made aware of an open letter on May 13 from 300 detainees at the facility alleging that there is a “high spread” of Covid and the flu in the facility. “The open letter from Delaney Hall detainees also reported instances of “HIV, cancer, diabetes, heart problems” and other health conditions going untreated. The suit added, “Nine days later, public reporting alleged that hundreds of detainees at Delaney Hall had launched a hunger and labor strike in protest of their dire conditions.”

The lawsuit alleges reports of detainees being served food that is “rotten, spoiled, or infested with worms (when served food at all),” detainees lacking air conditioning, and being denied medical care.

In a recent interview with Fox News, border czar Tom Homan said that he had visited the facility over the weekend, and ate the same food that the detainees are offered. “I went into that facility,” Homan said. “I went into the medical. I went to outdoor recreation, indoor recreation. I even made a surprise visit this weekend and walked into the cafeteria and ate the same meal that the detainees around me were eating. I made sure my tray equaled their tray. I had spaghetti and meat sauce. I had beans. I had green beans. I had bread and rolls. I had drinks. I had dessert. The food was good.”