Judge Temporarily Blocks DHS Notice Policy For Congressional Visits
Judge Jia Cobb paused DHS's seven-day notice rule for congressional visits to ICE facilities, citing likely violations of funding restrictions.
Overview
U.S. District Judge Jia Cobb in Washington, D.C., issued a temporary restraining order blocking the Department of Homeland Security policy that requires members of Congress to give seven days' advance notice before visiting ICE detention facilities, court documents show.
Cobb said the policy likely violated federal funding restrictions and "imposes irreparable harm" by denying lawmakers timely oversight, referencing her Dec. 17 order that questioned the policy's legality, court filings say.
Homeland Security Secretary Kristi Noem issued a Jan. 8 memo mandating the seven-day notice and the administration argued it would implement the policy using $29 billion earmarked in 2025 immigration legislation, according to court filings, a claim the judge found unproven.
Thirteen Democratic members of Congress from California, Colorado, Maryland, Mississippi, New York and Texas brought the lawsuit, and the plaintiffs said unannounced visits remain necessary amid reports of maltreatment, overcrowding and poor sanitation at detention centers, filings show.
Cobb blocked the notice policy pending further litigation, and the parties are expected to file additional briefs as the case proceeds, court records show, while the administration may seek to appeal or revise its funding approach.
Analysis
Analysis unavailable for this viewpoint.
FAQ
Homeland Security Secretary Kristi Noem issued a memo on Jan. 8 requiring members of Congress to give seven days' advance notice before visiting ICE detention facilities.[1]
Judge Cobb ruled that the policy likely violates federal funding restrictions under Section 527, which prohibits using certain appropriated funds to impede congressional oversight, and causes irreparable harm by denying timely access.[1]
Thirteen Democratic members of Congress from states including California, Colorado, Maryland, Mississippi, New York, Texas, and specifically Minnesota Reps. Ilhan Omar, Angie Craig, and Kelly Morrison.
The temporary restraining order blocking enforcement of the policy is set to expire on Feb. 16, unless further judicial action extends it.[1]
Three Democratic Minnesota congresswomen—Reps. Ilhan Omar, Angie Craig, and Kelly Morrison—were denied access and removed from the Whipple Federal Building in Minneapolis on Jan. 10, shortly after the policy was enacted.
