Federal judge nixes latest policy requiring 7 days’ notice for members of Congress to visit ICE facilities

Federal Judge Blocks Latest Policy Mandating 7-Day Notice for Congressional Visits to ICE Facilities

WASHINGTON — On Monday, a federal judge temporarily halted the most recent Trump administration policy mandating that congressional members give seven days’ notice before visiting immigration detention centers. The decision came after U.S. District Judge Jia Cobb ruled that a group of Democratic lawmakers has a strong case against the requirement, arguing it violates statutory limits on government authority.

Cobb noted the Republican administration failed to present specific evidence demonstrating that unannounced congressional visits create safety risks. The judge emphasized that the policy’s enforcement lacked a clear justification, stating that the government had not provided “concrete examples of safety issues posed by congressional visits without advanced notice.” This marks the second time the requirement has been suspended, following a prior block in December.

The lawsuit was filed by 13 House members who challenged the Jan. 8 policy issued by Homeland Security Secretary Kristi Noem. According to plaintiffs’ attorneys, the Department of Homeland Security withheld the new rule until after three Democratic congresswomen from Minnesota were denied access to an ICE facility near Minneapolis. The incident occurred three days after an ICE officer fatally shot U.S. citizen Renee Good in Minneapolis, prompting the reinstatement of the notice requirement.

“Plaintiffs are undoubtedly frustrated with Defendants’ repeated attempts to impose a notice requirement,” Cobb wrote. “But in taking further action, Defendants are required to abide by the terms of the Court’s order and act consistently with the legal principles announced in this opinion.”

Cobb also highlighted that the administration may have violated a law preventing the use of general funds to restrict congressional oversight. She concluded it is “highly likely” that the government relied on restricted appropriations to implement and enforce the new policy. The judge, nominated by President Joe Biden, underscored the importance of congressional access to DHS facilities for accountability purposes.