Federal Court Upholds ICE Restrictions on Congressional Visits

Federal Judge Allows ICE to Enforce Advance Notice Rule for Congressional Visits

A federal judge has declined to block a new policy that requires members of Congress to give advance notice before visiting immigration detention facilities run by U.S. Immigration and Customs Enforcement (ICE).

The decision allows the Trump administration to enforce a rule that sets a seven-day notice requirement for congressional oversight visits. Lawmakers had asked the court to step in after being denied access to an ICE facility in Minneapolis.

U.S. District Judge Jia Cobb issued the ruling in Washington, D.C. She said the legal request filed by the lawmakers did not follow the proper court procedure.

Lawmakers Denied Entry to Minneapolis ICE Facility

Representative Ilhan Omar of Minnesota said she and other members of Congress were asked to leave an ICE facility in Minneapolis on January 10.

ICE officials told the group that a new policy required seven days’ notice before any visit. The officials then denied them entry.

Attorneys representing several Democratic lawmakers asked Judge Cobb to block the rule. They argued that the policy interferes with Congress’s oversight role.

Judge Says Legal Filing Was Improper

Judge Cobb said the lawmakers used the wrong legal method to challenge the new policy. Because of that, she declined to grant their request.

She also explained that the new policy does not fall under her earlier court order.

“The Court denies Plaintiffs’ motion only because it is not the proper way to challenge the January 8 memorandum,” Cobb wrote. “The Court makes no finding about whether the policy itself is lawful.”

New DHS Memo Reinstates Seven-Day Rule

The Department of Homeland Security (DHS) issued the new policy on January 8. DHS Secretary Kristi Noem signed the memo, which brought back the seven-day notice rule.

The Associated Press reported that DHS did not inform the lawmakers or their lawyers about the new policy until after ICE denied them entry.

Judge Cobb said this memo counts as a new agency action. She ruled that her earlier decision does not apply to it.

Previous Court Ruling on ICE Visits

In December, Judge Cobb blocked an earlier version of the same policy. At that time, she said ICE likely lacked the authority to require advance notice for congressional visits.

That ruling gave temporary relief to lawmakers who wanted to inspect ICE facilities without delay.

However, Cobb said the January 8 memo created a new legal situation. Because of that, she said the court must review it through a new legal challenge.

Lawmakers Plan Further Legal Action

The legal advocacy group Democracy Forward represents the lawmakers. A spokesperson said the group is reviewing the judge’s decision.

“We will keep using every legal option available,” said Melissa Schwartz of Democracy Forward. “We want to protect congressional oversight.”

Earlier this month, House Democrats asked the court to block the new DHS rule. They argued that it breaks federal spending law and violates a prior court order.

Dispute Over Federal Spending Law

The legal dispute began last year. Democratic lawmakers sued to stop the seven-day notice rule.

They claimed the policy violates Section 527 of federal spending law. That law bars DHS from using funds to block Congress from visiting detention centers.

Lawmakers say the rule limits their ability to inspect conditions and hold ICE accountable.

DHS Funding Talks Add Pressure

The court fight comes during a broader debate over DHS funding. Lawmakers face a January 30 deadline to pass a funding bill and avoid a partial government shutdown.

Some Democrats have said they will not support new DHS funding unless Congress adds limits on ICE operations.

Proposed changes include requiring arrest warrants, forcing agents to wear visible identification, and limiting firearm use in public settings.

Incident in Minneapolis Raises Tensions

The policy debate follows a deadly January 8 incident in Minneapolis. ICE agents fatally shot resident Renee Good during an enforcement operation.

Officials said Good struck an agent with her vehicle while trying to flee. The incident increased scrutiny of ICE practices.

Lawmakers say the case shows why stronger oversight is needed.

Democratic Leaders Call for Reforms

House Minority Leader Hakeem Jeffries said Democrats will not support more DHS funding without reforms.

Senate Minority Leader Chuck Schumer also said he opposes higher ICE funding without changes to agency rules.

Both leaders say Congress must ensure ICE follows clear standards and respects public safety.