A judge has temporarily blocked the Trump administration’s efforts to prevent members of Congress from making unannounced visits to Immigration and Customs Enforcement facilities, in a ruling lawmakers say will restore their ability to conduct real-time oversight into detention conditions.
U.S. District Judge Jia M. Cobb wrote in a 73-page ruling Wednesday that recent policy changes which include requiring members of Congress to provide seven days’ notice before entering ICE facilities likely exceeded the Department of Homeland Security’s “statutory authority.” She ordered the policies be lifted while the remainder of the case plays out.
Twelve House Democrats filed the lawsuit in July, claiming recent changes to ICE visitor policies prevented them from carrying out oversight amid concerns about poor conditions and the mistreatment of detainees.
“Real-time, on-the-ground visits to immigration detention facilities help prevent abuses and ensure transparency,” the lawmakers said in a joint statement Wednesday. “Oversight is a core responsibility of Members of Congress — and a constitutional duty we do not take lightly.”
One of the plaintiffs, Rep. Joe Neguse (D-Colorado), celebrated Wednesday’s ruling on X, writing: “The rule of law will prevail.”
The plaintiffs’ case centered on rules outlined in the Further Consolidated Appropriations bill, which has been passed and signed by the president annually since 2020. Under Section 527, DHS is prohibited from using appropriated funds to prevent members of Congress from accessing ICE facilities to conduct oversight.
While congressional staff members may have to request visits 24 hours in advance, this does not apply to members of Congress themselves, the bill states.
Visits by lawmakers to immigration facilities have become a political flash point in recent months and caused concerns among Democrats over the Justice Department’s treatment of political rivals.
In June, Newark Mayor Ras Baraka (D) sued the interim U.S. attorney for New Jersey, after he was arrested on trespassing charges when visiting a private detention center in Newark. Prosecutors also charged Rep. LaMonica McIver (D-New Jersey) with assaulting federal agents after a scuffle broke out to stop Baraka’s arrest. In May, Wisconsin Judge Hannah Dugan pleaded not guiltyto accusations that she interfered with an immigration arrest.
Cobb, who was nominated by former president Joe Biden in 2021, noted in her ruling that ICE policies regarding visits from members of Congress have “shifted considerably” in recent months.
In June, ICE posted guidance on its website noting field offices did not fall under Section 527. According to Wednesday’s ruling, later that same month, ICE changed its guidance to state that members of Congress must request a visit seven days in advance.
The defendants, DHS, ICE, Homeland Security Secretary Kristi L. Noem and Acting ICE Director Todd M. Lyons denied the Democratic lawmakers’ claims, citing a lack of understanding around the measures. DHS and ICE did not immediately respond to a request for comment Wednesday.
In her ruling, Cobb said that requesting advance notice undermines the oversight process. “The changing conditions within ICE facilities means that it is likely impossible for a Member of Congress to reconstruct the conditions at a facility on the day that they initially sought to enter.”
The issue is “even more pronounced” for field offices, she added. “Such information about the on-the-ground conditions is “lost forever to history,” and cannot be retroactively provided.”
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