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U.S. Judge Again Blocks DHS Rule Limiting Surprise Lawmaker Visits to Detention Centers

The judge said DHS failed to show the rule is funded solely by the OBBBA, prompting a temporary restraining order.

Overview

  • The temporary restraining order halts enforcement of Secretary Kristi Noem’s Jan. 8 memo requiring seven days’ notice before congressional facility visits.
  • Judge Jia M. Cobb found DHS had not demonstrated the policy could be implemented using only One Big Beautiful Bill funds, with some resources tied to restricted annual appropriations.
  • The court said the revived rule likely violates the Section 527 appropriations rider and the Administrative Procedure Act by using funds to prevent members’ entry.
  • The case was brought by 13 House Democrats led by Rep. Joe Neguse, who argue unannounced inspections are critical due to documented care and sanitation concerns.
  • Cobb’s order runs 14 days while briefing proceeds, with supplemental filings due Feb. 8 and Feb. 11 as the broader lawsuit continues.