A federal judge has declined to block enforcement of a recent U.S. Department of Homeland Security policy that says members of Congress must give at least one week’s notice before showing up to immigration detention facilities.
DHS Secretary Kristi Noem issued the new policy on Jan. 8, arguing that more advanced notice is needed “to ensure adequate protections” for lawmakers and detainees at the facilities.
The new policy memo came after the court in December ruled the department’s previous policy, which was challenged by a group of Democrat representatives, was inconsistent with its federal appropriation.
Democrats again took the Trump administration to court over the new DHS policy earlier this month, but it remains in place after U.S. District Judge Jia Cobb said the plaintiffs failed to use the “proper avenue for their challenge.
“The Court emphasizes that it denies Plaintiffs’ motion only because it is not the proper avenue to challenge Defendants’ January 8, 2026, memorandum and the policy stated therein, rather than based on any kind of finding that the policy is lawful,” Cobb said in the Monday ruling, according to Fox News.
Democrats argue they have a right to “unannounced congressional oversight” of the ICE facilities.
“In December, a federal court acted to restore Members of Congress’s ability to conduct essential congressional oversight on behalf of the American people. Now, rather than complying with the law, the Department of Homeland Security is attempting to get around this order by re-imposing the same unlawful policy,” the coalition of Democrats previously said. “This is unacceptable. Oversight is a core responsibility of Members of Congress, and a constitutional duty we do not take lightly. It is not something the executive branch can turn on or off at will.”
Democracy Forward, the left-wing legal group representing the Democrats, told the Associated Press: “We will continue to use every legal tool available to stop the administration’s efforts to hide from congressional oversight.”
Noem also added in the new policy memorandum that “there is an increasing trend of replacing legitimate oversight activities with circus-like publicity stunts.”
