Judge declines to block ICE advanced notice policy for lawmakers
Judge declines to block ICE advanced notice policy for congressional oversight
A federal judge has denied a motion filed by House Democrats who sought to block the Department of Homeland Security from enforcing a new policy that restricts federal lawmakers from visiting Immigration and Customs Enforcement facilities without a seven-day notice.
In a Monday ruling, U.S. District Judge Jia Cobb of Washington, D.C., determined DHS did not violate a prior court order she issued last month as alleged by the lead plaintiff, Rep. Joe Neguse (D-CO). The previous order prohibited DHS from requiring one week’s notice from members of Congress requesting oversight visits at ICE facilities.
Following that ruling, Secretary of Homeland Security Kristi Noem quietly unveiled the new policy. It’s largely the same as the ICE visitation policy announced last June, but Noem directed that the immigration agency use funds exclusively appropriated by the One Big Beautiful Bill Act.
The memo circumvents a provision in the DHS appropriations bill that grants members of Congress the right to conduct unannounced oversight visits of ICE facilities using congressionally appropriated funds. The provision in question, Section 527, was at the center of Cobb’s prior ruling.
The judge finds that the revised policy is distinct from the prior one and, therefore, is not subject to her initial order.
“The Court emphasizes that it denies Plaintiffs’ motion only because it is not the proper avenue to challenge Defendants’ January 8, 2026, memorandum and the policy stated therein, rather than based on any kind of finding that the policy is lawful,” she wrote.
Monday’s ruling gives House Democrats the option of filing a new lawsuit or amending the existing one. Neguse’s office said the plaintiffs were reviewing the order, adding they may file more litigation.
Noem issued the new policy one day after ICE officer Jonathan Ross fatally shot Renee Good in Minneapolis after she struck him with her SUV.
Three days after her death, Rep. Ilhan Omar (D-MN) and two other Minnesota Democrats were denied full access to an ICE detention facility.
The lawmakers were initially let into the building, but they were kicked out after ICE officials told them the agency was not in violation of Cobb’s order because funds from the One Big Beautiful Bill Act were being used.
HOUSE DEMOCRATS ASK JUDGE TO BLOCK ICE ADVANCED NOTICE POLICY FOR OVERSIGHT VISITS
Democracy Forward attorneys, who are representing the plaintiffs in the case, allege DHS didn’t disclose the revised policy until after Omar, Rep. Kelly Morrison (D-MN), and Rep. Angie Craig (D-MN) were kicked out of the ICE facility in Minneapolis.
Although the policy was dated Jan. 8, it wasn’t released publicly until Jan. 10, the day of the lawmakers’ short-lived oversight visit. The memo was submitted as a court document in the case led by Neguse.
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