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yesterday

Judge Blocks DHS Rule Limiting Lawmakers' Unannounced ICE Visits

The court found ICE’s seven-day notice requirement, together with field-office limits, likely violates a spending law that preserves real-time congressional oversight.

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)
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Overview

  • U.S. District Judge Jia M. Cobb issued a temporary stay on DHS/ICE guidance, halting the seven-day notice rule and reopening access to ICE field offices.
  • The order allows members of Congress to resume unannounced inspections of detention centers and holding rooms, including New York’s 26 Federal Plaza, while the case proceeds.
  • Cobb concluded the policy is likely contrary to law and exceeds DHS’s authority under Section 527, which bars agencies from requiring prior notice for oversight visits.
  • Twelve Democratic House members led by Assistant Minority Leader Joe Neguse sued after being denied entry, with Democracy Forward and American Oversight representing them.
  • DHS and ICE defended the restrictions as safety measures, the government is expected to appeal, and the ruling arrives as ICE detention levels reach record highs.