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7h ago

Federal Judge Blocks DHS Rule Requiring Seven Days’ Notice for Congressional ICE Visits

The order finds the policy likely violates a funding law that guarantees on-site access for lawmakers.

The entrance to the U.S. Customs and Immigration Otay Mesa Detention facility is shown in Otay Mesa, California, U.S., March 28, 2017. REUTERS/Mike Blake
Rise and Resist protest against the ongoing detention and deportations of migrants on July 24, 2025 at the 26 Federal Plaza ICE center in New York City.
Protesters gather as Law enforcement officers guard outside an ICE processing facility in the Chicago suburb of Broadview, Ill., Friday, Dec. 12, 2025. (AP Photo/Nam Y. Huh)
Masked federal agents detain a man at the Executive Office of Immigration Review courts in 26 Federal Plaza in New York City. The city elected officials attempted to gain access to the 10th floor of 26 Federal Plaza for inspection after leaked video exposed conditions of detention cells where detainees were placed in. (Photo by Derek French / SOPA Images/Sipa USA via AP Images)

Overview

  • U.S. District Judge Jia M. Cobb issued a preliminary injunction halting DHS and ICE guidance adopted in June that restricted unannounced oversight visits.
  • The opinion rests on Section 527, concluding DHS cannot require advance notice or categorically bar access to ICE field offices used to hold people.
  • Twelve House Democrats led by Assistant Minority Leader Joe Neguse sued after being turned away from facilities, including holding rooms at 26 Federal Plaza in New York.
  • Cobb rejected the administration’s arguments on standing and on applying a staff notice provision to members, finding the rules caused “tangible harm” to congressional oversight.
  • Unannounced inspections can resume while the case proceeds, and the government is expected to appeal.