Overview

• The group of 12 House Democrats filed suit in U.S. District Court in Washington, D.C., on July 30 against ICE Acting Director Todd Lyons and DHS Secretary Kristi Noem over a policy requiring seven days’ notice and excluding field offices from oversight.
• Plaintiffs contend that the notice rule conflicts with a statutory provision in the 2019 DHS appropriations act guaranteeing members of Congress unannounced access to any facility used to detain or house migrants.
• DHS and ICE defend the policy as routine scheduling to safeguard executive functions, with Assistant Secretary Tricia McLaughlin calling the lawsuit a political stunt and noting lawmakers could have arranged tours.
• A DHS spokesperson clarified that members of Congress must submit email requests at least seven days before visits to avoid intruding on the President’s Article II authority over executive department operations.
• The outcome could redefine separation of powers and congressional oversight rights as ICE daily detentions surge to record highs amid ongoing concerns about overcrowding and due process violations.