Overview
- The temporary restraining order blocks enforcement of the Jan. 8 policy as to 13 House Democrats and preserves unannounced oversight visits for roughly 14 days, expiring Feb. 16 unless extended.
- Judge Jia M. Cobb found that funds used to develop and enforce the rule are properly considered funds used to prevent entry under Section 527, indicating likely violations of the appropriations rider and the Administrative Procedure Act.
- The ruling rejected DHS’s attempt to rely on the 2025 reconciliation law, finding it impractical to segregate and track those dollars and noting the government had not seriously shown it could do so.
- Homeland Security Secretary Kristi Noem reinstated the seven-day notice requirement on Jan. 8, and ICE cited it when removing Reps. Ilhan Omar, Angie Craig and Kelly Morrison from a Minneapolis facility on Jan. 10.
- The judge ordered supplemental briefs due Feb. 8 and Feb. 11 and will set a hearing as the broader Neguse v. ICE lawsuit continues.