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2h ago

Judge Lets DHS 7-Day Notice Rule for Congressional ICE Visits Stand for Now

The court held challengers used the wrong procedural vehicle, treating the Jan. 8 directive as a new agency action.

Rep. Kelly Morrison D-Minn., center, Rep. Ilhan Omar, D-Minn., second from the right, and Rep. Angie Craig, D-Minn., far right, at the Bishop Whipple Federal Building, Saturday, Jan. 10, 2026, in Minneapolis. (AP Photo/Adam Gray)

Overview

  • U.S. District Judge Jia M. Cobb declined an emergency request to halt the new DHS policy requiring a week’s notice before congressional visits to ICE facilities.
  • The seven-day requirement, reinstated by DHS Secretary Kristi Noem on Jan. 8, remains in force while plaintiffs pursue a revised legal challenge.
  • Cobb made no finding on the policy’s legality and told lawmakers they could amend their complaint or file a new suit to seek an injunction.
  • DHS said it would implement the policy using funds from a later tax-and-spend law, while plaintiffs argue appropriations restrictions bar using general funds to impede oversight.
  • The clash escalated after Reps. Ilhan Omar, Kelly Morrison, and Angie Craig were turned away from a Minneapolis facility, with plaintiffs stressing urgency as DHS funding decisions near Jan. 30.