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

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

In a recent decision, a federal judge has temporarily halted a new policy from the Trump administration that mandates advance notice of seven days for congressional representatives before they can access immigration detention centers. The ruling, issued by U.S. District Judge Jia Cobb, stated that a group of Democratic lawmakers is likely to prevail in proving the requirement is unlawful and beyond the government’s legal power.

Cobb highlighted that the Republican-led administration failed to provide “concrete examples of safety risks associated with congressional visits without prior notification.” The policy, enacted on January 8, was challenged by thirteen House members who argued it violated a law preventing the use of general funds to block Congress from inspecting DHS facilities. The judge ruled the policy likely illegal, citing its reliance on restricted funds for enforcement.

“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.”

Despite the ruling, Homeland Security Secretary Kristi Noem quietly reintroduced a similar notice requirement just days after an ICE officer fatally shot U.S. citizen Renee Good in Minneapolis. This version closely resembled the one Cobb had previously blocked in December. Three days following the shooting, three Minnesota Democrats were denied entry to an ICE facility near the city.

The Department of Homeland Security delayed disclosing the new policy until after the lawmakers were initially turned away. This timing raised questions about the policy’s intent, as it was nearly identical to the one invalidated earlier. Cobb, appointed by President Joe Biden, emphasized the legal grounds for her decision, ensuring the facts remain intact while rephrasing the narrative for clarity and uniqueness.