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Today — 14 February 2026Regional

Judge upholds Line 5 permit in Wisconsin

14 February 2026 at 03:55

A sign protesting Enbridge Line 5 in Michigan. (Laina G. Stebbins | Michigan Advance)

On Friday, an administrative law judge upheld a permit issued by the Wisconsin Department of Natural Resources last year to allow the Canadian oil company Enbridge to build 41 miles of new pipeline in northern Wisconsin. The current rerouted path for Enbridge’s Line 5 would mean that although the pipeline would avoid the Bad River Band of Lake Superior Chippewa reservation, it would still go through the Bad River’s watershed. 

The judge’s decision is likely to be appealed, and the Bad River Band is continuing to challenge the pipeline project in federal court. But the approval of the DNR’s permit came as a blow to environmental advocates working alongside the Band to challenge Line 5. 

Evan Feinauer, an attorney with Clean Wisconsin, said that “despite this ruling, the evidence presented during the hearing remains undeniable: Enbridge’s Line 5 reroute poses significant long-term risks to wetlands, waterways, and treaty-protected resources in northern Wisconsin.” Feinauer said in a statement that “experts testified that the DNR underestimated ecological impacts, relied on an inadequate monitoring plan, and overlooked Enbridge’s troubling history of environmental violations. This decision does not erase those facts.”

John Petroskey, a senior attorney with Earthjustice, also said that the judge’s decision ignored “strong evidence that the DNR broke the law when it approved the Line 5 reroute.” Petroskey added, “Enbridge’s project threatens permanent damage to the Band’s treaty-protected water, plants, and medicines, all for the enrichment of a foreign oil pipeline company. The Band will continue to fight to protect their interests and halt construction.”

Rob Lee, senior staff attorney for Midwest Environmental Advocates, said that while the decision was disappointing, “it does not diminish our resolve or end our responsibility to protect Wisconsin’s waters from the irreversible harm this project threatens to cause.” Lee continued, “the record in this case is clear, and our work is far from over. Based on the significant legal issues presented and the strength of the record, we believe there is a strong basis for appellate review, and we are considering all appropriate next steps.”

Other environmental groups and tribal allies expressed that they remain determined to keep fighting Line 5. “Ultimately, this doesn’t change the fact that Line 5 must be shut down to protect the Great Lakes and our climate,” said Elizabeth Ward, chapter director of the Sierra Club – Wisconsin. Debta Cronmiller, executive director of the League of Women Voters of Wisconsin, said that standing up to Line 5 is in line with the group’s values of protecting sensitive environments, reducing greenhouse gas emissions, advancing renewable energy and supporting tribal rights. 

“Every effort to oppose the construction of new pipeline infrastructure builds power in the broader movement to end our reliance on dirty fossil fuels,” said Emily Park, co-executive director of 350 Wisconsin. “Instead of facilitating more carbon emissions, we should be investing in renewable energy, sustainable transportation, and technologies that will help us transition to a clean energy future.” 

Environmental groups and the Bad River Band are pushing for Line 5 to be shut down, with a court-imposed deadline for their case set in June. The reroute project would involve blasting and horizontal drilling through at least 186 waterways and 101 acres of high-quality wetlands which drain into Lake Superior.

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DOJ drops charges against two men accused of attacking federal agent in ICE shooting

13 February 2026 at 20:21
Federal Bureau of Prisons officers on the scene where a federal immigration agent shot a man Wednesday, Jan. 14, 2026, in north Minneapolis. (Photo by Max Nesterak/Minnesota Reformer)

Federal Bureau of Prisons officers on the scene where a federal immigration agent shot a man Wednesday, Jan. 14, 2026, in north Minneapolis. (Photo by Max Nesterak/Minnesota Reformer)

The U.S. Department of Justice, citing evidence inconsistent with its earlier allegations, dropped felony charges against two men accused of assaulting a U.S. Immigration and Customs Enforcement agent before the agent shot one of the men in the leg.

U.S. Attorney Daniel Rosen wrote in a brief Thursday filing that “newly discovered evidence” was found to be “materially inconsistent” with the government’s allegations against Alfredo Aljorna, 26, and Julio Sosa-Celis, 24, about the Jan. 14 shooting in north Minneapolis. The case was dismissed Friday by a district court judge.

Rosen filed a motion for the case to be dismissed with prejudice, meaning that the government will not be able to press the same charges against the men again.

The federal government has significantly shifted the details of what happened since the shooting on Jan. 14. The federal Homeland Security narrative in the immediate aftermath of the shooting incorrectly identified Sosa-Celis as the driver of the car and a subject of a “targeted traffic stop.” The complaint later indicated that the officers mistook Aljorna, who was driving the car, for another Latino man uninvolved in the incident.

At the time of the shooting, Homeland Security Secretary Kristi Noem described the incident as an “attempted murder of federal law enforcement.” Similarly, Noem and other Trump administration officials accused Renee Good and Alex Pretti — also killed by federal officers — as domestic terrorists, though evidence for the allegations never surfaced. Rosen, who was nominated by President Trump to be U.S. attorney in Minnesota, leads an office facing a staff exodus after an ICE officer shot and killed Good last month — at least 14 federal prosecutors have resigned, reportedly in part due to disgust over senior DOJ officials’ handling of the investigation.

Rosen didn’t detail the newly discovered evidence, but noted that the allegations in the complaint were “based on information” presented to FBI agent Timothy G. Schanz, who had said in a sworn affidavit that the ICE agent said that Sosa-Celis and Aljorna repeatedly hit him with a broom and a snow shovel. The ICE agent told the FBI that he then “simultaneously fired” one round towards the men as they began to run toward the house.

Schanz’s affidavit said that law enforcement on the scene were unable to find any bullet holes in the house, though at a hearing, Sosa-Celis’ attorney showed photographs depicting bullet holes through the front door of the duplex and in an interior wall, the Star Tribune reported.

Both men have denied the agent’s account, maintaining that they didn’t attack the ICE agent and that the agent shot Sosa-Celis in the leg through the closed door of their duplex.

The details that have not been disputed by the men or the ICE agent: The agent had shot Sosa-Celis in the leg on Jan. 14 following a car chase and scuffle with Aljorna; ICE agents began the chase when they mistook Aljorna for someone else they were targeting. The shooting happened on the 600 block of 24th Avenue North in north Minneapolis, at a duplex where the two men, both Venezuelan nationals, lived with their partners.

Sosa-Celis’ attorney previously told the Star Tribune that he learned that the officer who shot Sosa-Celis is under investigation for unreasonable use of force.

The two men were released from detention by a judge on Feb. 4 and immediately re-detained by ICE, who took them back to Sherburne County jail, attorney Brian Clark said at the time.

The incident drew over 100 protestors to the scene after the news of the shooting quickly spread. Federal agents deployed tear gas and flash bangs and at least two people were detained by federal agents after someone threw fireworks at the agents; at least two vehicles believed to be used by federal officers were vandalized. At least six people have been arrested and charged for stealing from and vandalizing the federal vehicles, the Star Tribune reported.

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Department of Homeland Security enters shutdown, amid dispute over funding

13 February 2026 at 19:03
A security officer stands outside Immigration and Customs Enforcement headquarters during a protest on Feb. 3, 2026 in Washington, D.C. (Photo by Heather Diehl/Getty Images)

A security officer stands outside Immigration and Customs Enforcement headquarters during a protest on Feb. 3, 2026 in Washington, D.C. (Photo by Heather Diehl/Getty Images)

WASHINGTON — The second partial government shutdown in 2026 began at 12:01 a.m. Saturday, after lawmakers left the nation’s capital without reaching a deal on changes to immigration enforcement tactics at the Department of Homeland Security. 

The department’s shutdown is also likely to go on for some time. With Congress out next week for the Presidents Day recess, lawmakers are not expected back on Capitol Hill for votes until Feb. 23. 

A procedural vote to approve funding for the Homeland Security bill for fiscal year 2026 failed Thursday to gain support from Senate Democrats because constraints to immigration enforcement were not included, such as an end to agents wearing face coverings. 

Even with the president’s border czar Tom Homan announcing Thursday  the withdrawal of the thousands of federal immigration officers from Minneapolis, Democrats argued it’s not enough. 

“Without legislation, what Tom Homan says today could be reversed tomorrow on a whim from (President) Donald Trump,” Senate Minority Leader Chuck Schumer, D-N.Y., said on the Senate floor Thursday.

Asked by the press pool Friday about cutting a deal on the shutdown,  Trump said, “We’ll see what happens. We always have to protect our law enforcement.”

After the Senate vote failed 52-47, members of Congress emptied out of Washington for the recess. Some were off to Munich, Germany for a major security conference. 

ICE still has cash at hand

While the agency Trump tasked with carrying out his mass deportation campaign of immigrants will shut down, enforcement will continue because Congress allocated a separate stream of money, about $75 billion for U.S. Immigration and Enforcement Services. 

During last fall’s government shutdown, which lasted a record-breaking 43 days, immigration enforcement continued.

The other agencies within DHS that will be shut down but continue to operate because they include essential workers include the Federal Emergency Management Agency, the Secret Service, the Coast Guard and the Transportation Security Administration, and Cybersecurity and Infrastructure Security Agency, among others.

In general, any employees who focus on national security issues or the protection of life and property would continue to work through a shutdown, while federal workers who don’t are supposed to be furloughed. 

Neither category of employees will receive their paychecks during the funding lapse, though federal law requires they receive back pay once Congress approves some sort of spending bill. 

Democratic mayors call for GOP to accept proposals

Democrats have pushed for policy changes after federal immigration officers killed two U.S. citizens in Minneapolis, where a deportation drive is set to wind down after the city faced more than two months of aggressive immigration enforcment. 

Renee Good was shot and killed by an immigration officer on Jan. 7, which prompted a bipartisan agreement to enact some guardrails, such as $20 million in funding for immigration agents to wear body cameras. 

But a second killing by federal immigration officers, that of Alex Pretti on Jan. 24, prompted the Senate to decouple the Homeland Security measure from a package of spending bills, as Democrats floated proposals meant to rein in enforcement tactics, and prompted a four-day partial shutdown. A two-week funding patch was set for negotiations and it expires at midnight Friday.

Democratic mayors hailing from the major cities of Baltimore, Boston, Chicago, Denver, Los Angeles, Minneapolis, New Orleans and Portland, Oregon, Friday issued a letter that called on the top Republicans in Congress, Senate Majority Leader John Thune of South Dakota and House Speaker Mike Johnson of Louisiana, to accept the proposals before DHS entered a shutdown. 

“When federal agents operate in our streets without identification, without warrants, and without accountability, that trust is shattered,” they wrote. “All of us agree that for so long as the agency exists, new funding for the Department of Homeland Security must be conditioned on the comprehensive 10-point framework released last week.”

Those policy suggestions include requiring immigration officers to not wear masks and identify themselves, which has drawn strong opposition from Republicans and the leaders of ICE and Customs and Border Protection who argue the face coverings prevent their agents from being doxxed. 

Schumer and House Minority Leader Hakeem Jeffries, D-N.Y., sent the proposals over to the White House, but said the Trump administration’s response was “incomplete and insufficient in terms of addressing the concerns Americans have about ICE’s lawless conduct.” 

According to the contingency plan for DHS, the agency expects about 20,000 employees out of 271,000 to be furloughed in the event of a government shutdown.

Minnesota 1, Trump 0

13 February 2026 at 19:00
Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

The winter of 2026 will go down in state history as among our finest hours. 

What happened here will be studied by social scientists and historians as one of the great victories of nonviolent resistance in recent times. Minnesotans showed that brutality and sheer numbers could not overcome communities that were united in their opposition to the usurpers.

People are right to be skeptical about whether the Trump administration’s immigration crackdown here is ending, as announced Thursday by $50,000 man and border czar Tom Homan.

But I’m confident they are leaving for a simple reason: They’re losing.  

What happened and why it happened offer important lessons for our future and for democracy defenders across the country, so let’s focus for a minute before we dance on the grave of the authoritarian attempt: 

The resistance was communitarian. By now it’s almost cliche: Minnesotans — and especially Minneapolitans — were looking out for their neighbors, be they immigrants or the people protecting them. Neighborhoods came together again as they did after the police murder of George Floyd and the chaos that followed, all during a pandemic. The lesson here is to get to know your neighbors.

The sense that we’re all in it together motivates great acts of both charity and courage. 

The resistance was libertarian. When I talked to friends and family around the country, I put it in these terms: Imagine that 3,000 masked, heavily armed outsiders were roaming around your community, routinely racially profiling people, including off-duty police (!); detaining immigrants here legally  — including young children — and shipping them across state lines; smashing the car windows of observers and arresting them before releasing them without charges; and, of course, shooting and killing two American citizens and injuring an immigrant in a case of mistaken identity. When you put it in these terms, Americans around the country got it.  

The resistance was nonviolent. (Mostly.) When authoritarians are employing brutality, armed resistance feels justified. Second Amendment enthusiasts might even say constitutional. But it often leads to a spiraling cycle of violence and repression, e.g., the Troubles in Northern Ireland.

Bullhorns, whistles, chants, shouts, songs, mockery and marches were more effective than violence could ever be.

This is not a new or untested strategy. As the Rev. Dr. Martin Luther King Jr. said during his Nobel Prize acceptance speech: “Nonviolence is not sterile passivity, but a powerful moral force which makes for social transformation.”

The feds’ support, meanwhile, collapsed when they engaged in indiscriminate violence.

The nonviolent resistance helped win the battle for public opinion, which was crucial. An NBC poll showed that two-thirds of Americans believe the Trump administration’s immigration tactics have “gone too far,” with similar numbers in Minnesota, according to another poll.

We too often think of authoritarians as omnipotent, acting with impunity in the face of all resistance. Nothing President Donald Trump says or does seems to matter. But this is not true, and that attitude of despair is precisely what the authoritarian needs. Authoritarians have frequently been defeated in the face of mass resistance, from the Eastern Bloc to Latin America. Once the authoritarian loses popular legitimacy, it’s only a matter of time before the regime collapses.

Our strong institutions were an important bulwark. Outsiders who kept bleating about “paid protesters” have clearly never stuffed themselves with hot dish and baked goods at a Minnesota PTA meeting, caucus, hockey game or church event on a subzero night.

Indeed, as Madison McVan reported this week, churches (and let’s add mosques and synagogues) were crucial to providing material and spiritual support to immigrants and those defending them.

Minnesota ranks highly — 2nd in the nation in one survey — in indices of social capital, i.e., family unity, social support and volunteerism. If you feel like we’ve taken a beating in recent years — the killing of Floyd and unrest and rioting that followed, the looting of our safety net programs, the assassination of former House Speaker Melissa Hortman — you’re right, but our strong institutions have helped us remain resilient.

Our big corporations were not part of that institutional infrastructure. They were silent, and then mealy-mouthed. The days of corporate noblesse oblige are over, especially when the authoritarian demands unquestioning fealty from them. 

The judiciary stood up to the authoritarian attempt. Attorneys for immigrants worked under impossible conditions to defend constitutional rights and due process. 

More than a dozen federal prosecutors quit in disgust.

And, federal judges refused to be cowed. In scorching orders — from appointees of just about every recent president, including a protege of conservative icon Antonin Scalia — many refused to countenance the legal chaos and unconstitutional usurpation the federal government unleashed here. They provided a near daily drumbeat of evidence of the Trump administration’s lawlessness. This severely undercut the administration’s message that Operation Metro Surge was a “law enforcement operation” when anyone could see it was a politically-motivated, performative show of aggression.

During one hearing, Judge Jerry Blackwell — who was the lead prosecutor of Floyd’s killer, Derek Chauvin — reminded the federal government’s lawyers of the seriousness of the executive branch’s insubordination in failing to release detainees, as he’d ordered: “The DOJ, the DHS, and ICE are not above the law. They do wield extraordinary power, and that power has to exist within constitutional limits.”

Minneapolis Police Chief Brian O’Hara was a PR bonanza for the resistance, even though many Minneapolis activists loath MPD. I learned from O’Hara’s many local and national media appearances, for instance, that there’d been three homicides in Minneapolis as of late January, and two of them were committed by the feds. Considering the traditional blue wall of silence, you’d expect O’Hara to refrain from criticizing the feds, but he landed punches instead. (No permanent friends, and no permanent enemies: a political maxim worth considering.)

Although this moment was far bigger than party politics, there’s a few things worth mentioning:

Some Republicans provided important bipartisan messaging. I’m sure there are others, but Sens. Jim Abeler, Zach Duckworth, and Julia Coleman and Reps. Marion Rarick and Nolan West gave fellow Republicans and Republican-leaning independents a subtle signal that it was OK to question the constitutionality and effectiveness of Operation Metro Surge.

By contrast, Vichy Republicans, like U.S. Rep. Tom Emmer, turned against fellow Minnesotans and gave aid and comfort to the authoritarian outsiders. Grudges aren’t healthy, but we shouldn’t forget. Now they’ll receive their just deserts because the Democrats will likely win in November.

Which means those Republicans will be just another in the long line of Trump’s marks.

A lot of Democrats paused their endless factional disputes, or as one militant leftist posted on X last month: “Liberals, leftists, moderates, socialists, communists, and f*cking all the rest have an opportunity here to come together and fight fascism. That means, for the moment, FOR THE F*CKING MOMENT, to not be a dumb*ss b*tch about factionalism and old beefs. Just for now. For a bit.”  (I’m sure this very column will bring the requisite calumny from said factions — see item #8 — but that’s all to the good, as it signals a return to normalcy.)

Finally, respect localism. When the feds chased a man at high speeds through my neighborhood Wednesday, which led to a three-car wreck, I found myself in a state of agitation and contempt for the usurpers that was only matched previously by the killings of Renee Good and Alex Pretti. 

It hits different when it’s your own neighborhood. Which, I realize, is morally provincial. After all, other neighborhoods have been dealing with this on a daily basis for two months. (Some communities have suffered under repressive policing for much longer.)

And, for that matter, other nations have been dealing with rulers’ boots on their necks  — including proxies of the United States government — for years, and, in some cases, decades.

So my final takeaway is that we ought to be extremely humble when we seek to impose our will on other people, communities, states, nations. 

Now, let’s spend the weekend toasting and dancing in the streets.

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

LeMahieu says he’s left out of tax relief negotiation which ‘seems like a purely political stunt’ 

13 February 2026 at 11:45

“What I’m hearing right now is the governor and the speaker are still negotiating, and I have not been invited to those negotiations,” Senate Majority Leader Devin LeMahieu said during a WisPolitics luncheon on Thursday afternoon. “I just feel, at this point, if the governor and the speaker are actually serious about accomplishing something, shouldn't they include both houses?” (Photo by Baylor Spears/Wisconsin Examiner)

Senate Majority Leader Devin LeMahieu (R-Oostburg) says he is being left out of negotiations on property tax relief between Wisconsin Gov. Tony Evers and Assembly Speaker Robin Vos (R-Rochester).

Rising property taxes, a quickly approaching self-imposed deadline to wrap up work in the Legislature this year and a projected state budget surplus of over $2.5 billion formed the backdrop to disagreements between leaders of the Senate and Assembly on a potential tax relief package that broke out into the public this week. 

“What I’m hearing right now is the governor and the speaker are still negotiating, and I have not been invited to those negotiations,” LeMahieu said during a WisPolitics luncheon on Thursday afternoon. “I just feel, at this point, if the governor and the speaker are actually serious about accomplishing something, shouldn’t they include both houses?”

In response to LeMahieu saying he wasn’t included, Evers’ spokesperson Britt Cudaback wrote on social media that “actually, yesterday our office suggested that Republican leaders should try talking to each other since they’re clearly not on the same page.”

Vos, speaking at a press conference at the same time LeMahieu appeared at the WisPolitics event, said he texted LeMahieu Thursday morning asking to meet. He told reporters that he is open to any idea, but the public’s biggest concern is rising property taxes.

“There’s no bad cake, and I feel that same way about tax cuts. There are no bad tax cuts… We have not ruled anything out,” Vos said. “But when we have talked to folks, the thing that has most impacted them is the massive property tax increases they saw last December. My own property tax bill went up 24.7%. That’s the highest that I can ever remember being a homeowner.”

Wisconsin property taxpayers recently absorbed the highest tax hike since 2018 — an increase caused by a state budget that raised school revenue limits while keeping state general aid flat, pushing costs onto local property taxpayers, some of whom also voted to approve additional school district referendum requests.

LeMahieu said the projected $2.5 billion budget surplus led to conversations in his caucus about what to do to provide relief to Wisconsinites as well as a Zoom call between the Republican legislative leaders and Gov. Tony Evers a little over a week ago.

“It’s not just property taxes. People are struggling buying groceries… their utility bills,” LeMahieu said.

The Senate Republican caucus discussions led to the introduction of a pair of bills this week that would use about $1.5 billion in state funds to provide one-time tax rebates of $1,000 to married joint filers and $500 to individual filers. Under SB 1 and SB 995, the Department of Administration would need to send the rebates by Sept. 1. 

LeMahieu said his caucus thought the rebates were “the best way to use this surplus” and $1.5 billion, the cost for the rebates, is a “responsible number.”

The package announcement came just a day after Vos said he was in negotiations with Evers. According to emails, Evers had proposed to the Republican lawmakers a $1.3 billion package that would provide $200 million, including $80 million to bring the special education reimbursement rate to 42% in 2026 and $120 million to bring it to 45% in 2027, as well as $450 million in 2027 in general school aids to buy out the projected statewide school property tax levy. In exchange, Republicans would get $550 million for the school levy tax credit to help with property tax relief and $97.3 million in 2027 for tax-exempt cash tips. 

Cudaback has said that any compromise on property taxes needs to include “investments to ensure our K-12 schools receive the resources they need and were promised in the state budget.”

Vos said he thinks Evers “sincerely” wants to do something about property taxes.

“There have been plenty of times in the last eight years where we have had a disagreement and we had a public argument with Gov. Evers, but on this one… we feel the same,” Vos said. “I don’t know why we wouldn’t negotiate in good faith to try to find something that can actually get across the finish line.”

Vos said Evers’ point about special education funding is a “legitimate” one, noting that leaders said during the state budget that they would fund it at 42% and 45% but the available revenue will not cover those amounts. 

Senate Republicans, however, are not happy with Evers’ suggestions. 

LeMahieu called the proposal “ridiculous” and said it was only a “BandAid” on the issue that would “saddle the next Legislature with a huge ongoing commitment.” He is referring to the 400-year partial veto exercised by Evers on the 2023-24 budget that has allowed school districts to continue an  annual $325 per pupil increase. 

“Your property taxes are still going to go up because the 400-year veto is still there?” LeMahieu said incredulously.

LeMahieu said he thought the negotiation “seems like a purely political stunt” or an effort to get something through the Assembly, adjourn and put pressure on the Senate to pass it. He noted that the Assembly is less than a week away from its planned final adjournment for the year. 

Vos has said the Assembly plans to be done Feb. 19. The Senate could still pass bills after then, but the same bills must pass the Assembly to make it to Evers’ desk. 

“There is no vehicle for whatever plan they come up with… What’s the time frame for all of this to get done?” LeMahieu asked, referring to the process by which a bill must be introduced, have a public hearing and get a vote on the floor of the both Assembly and the Senate.

LeMahieu pointed out that his bill has support from 16 out of 18 Senate Republican caucus members. He added that several Assembly members have reached out with support for the proposal and said the Senate plan “actually makes sense.”

“There has been no communication between offices… Hopefully we are here past next week,” LeMahieu said, adding that there are session days scheduled for March, when the Senate plans to meet, and lawmakers could also work in April.

No action would likely leave decisions about the budget surplus until after the November elections when the makeup of the next Legislature could look quite different with control up for grabs and the next governor, could be either a Republican or a Democrat and will be new to the office.

Vos said rebates are “less easy” and “more expensive,” but he said his caucus believes that negotiating “to find an answer that gets across the finish line is the best answer for Wisconsinites” and he thinks they need to sit down to do so.

“I don’t think [Evers’] idea is a bad one, but I would say it has to be paired with some reductions,” Vos said. “Based on where the Senate is, it looks like they want to have something that’s way bigger than what we were looking at. Bigger is not necessarily better, but it’s not necessarily worse, so I think that’s part of sitting down and understanding what the perspectives are, and finding something that, again, can pass the Assembly, pass the Senate, and get signed by the governor and not just have an argument.”

The Senate bills received a public hearing in the afternoon. Democratic lawmakers questioned whether the rebates would place the state in a precarious position in the future.

After the state budget was completed in July, but before the recent projections, the Wisconsin Policy Forum warned that Wisconsin is spending more than it brings in through taxes which creates a projected structural deficit.

“Why wouldn’t we just put this money in the bank to help us cover the structural deficit?” Sen. Mark Spreitzer (D-Beloit) asked.

“I think we’ll be fine,” LeMahieu said.

Under the bill, the rebate checks would need to be delivered to Wisconsinites by Sept. 15, 2026.

Spreitzer said he thought the proposal could place the state budget in a “bad situation” going into future budgets and suggested that the timing of the rebate payments are suspicious, coming just ahead of the November election. 

Wisconsin’s fall elections take place Nov. 3, and many legislators are eager to return to their districts to start campaigning.

LeMahieu on WisconsinEye and other issues

A tax relief package is among several bills Wisconsin lawmakers are trying to get across the finish line. LeMahieu spoke to the chances for action on several issues. He said the issue that is the closest to getting done is a bill that would extend the state’s stewardship program. 

State funds will run out for the Knowles-Nelson Stewardship program on June 30, 2026, without action. A bill that the Assembly passed and that recently received a public hearing in the  Senate would extend the program, but drastically cut the land acquisition portions of the program. 

“We don’t want to give a blank check to our bureaucrats to go buy a bunch of land across the state of Wisconsin, however, we do own a lot of land in Wisconsin and our caucus feels it’s very important to maintain that,” LeMahieu said. 

Another issue that has received a lot of attention in the Capitol is the livestreaming of government proceedings. LeMahieu said he thought there has been mismanagement at WisconsinEye, the state’s version of C-SPAN, and his caucus wants to see other alternatives  before providing funding for WisconsinEye. 

“Is there some other company out there? Do we need five full-time employees when we aren’t doing a whole lot of work after Feb. 17 in the Assembly and March… outside of interviews of candidates who are running for office? We’re using taxpayer money for that?” LeMahieu said. 

A Senate bill to solicit bids for livestreaming received a public hearing Thursday, though LeMahieu said he thinks lawmakers could also start the process through a vote on the Joint Committee on Legislative Organization.

LeMahieu said Senate Republicans have not spent a lot of time discussing efforts to legalize online sports betting and he wasn’t sure if that proposal would get through the Senate or Assembly by the end of session. He said he thought that “from a policy standpoint it makes sense.”

The Assembly delayed a vote on a bill to legalize online sports betting at the end of last year. 

Sports betting has been allowed in Wisconsin since 2021, but bets have to be made in person at tribal casinos. Lawmakers are seeking to legalize online sports betting by implementing a “hub and spoke” model that would allow servers running betting websites and apps to be housed on tribal land. The state Constitution requires gambling to be managed by the state’s federally recognized Native American tribes.

LeMahieu said he hopes the Legislature takes some action on data centers, though he said he hadn’t looked closely at the bill that passed the Assembly in January. He said he thought data centers are good for local communities, though there are some concerns about ensuring that ratepayers don’t see their utility bills go up. 

“Hopefully we can take action and provide some framework around it. I don’t know if the bill that the Assembly passed needs to be amended,” LeMahieu said.

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Wisconsin Assembly approves eliminating race-based UW programs, rulemaking restrictions

13 February 2026 at 11:30

Assembly chambers. (Baylor Spears | Wisconsin Examiner)

The Wisconsin Assembly advanced proposals that would restrict executive rulemaking powers and eliminate “race-based” programs in higher education Thursday. 

Wisconsin Republicans have been looking for ways to limit agencies’ administrative rulemaking abilities and exercise additional control over the process in the aftermath of several state Supreme Court rulings. 

One of those rulings, the Evers v. Marklein II decision issued on July 8, 2025, found unconstitutional statutes that allowed the 10-member Joint Committee on the Review of Administrative Rules’ to review and suspend administrative rules.

AJR 133 would allow state lawmakers to suspend indefinitely or temporarily administrative rules that are promulgated by state agencies with a vote of the full Senate and Assembly. The proposal passed 52-45 along party lines. 

“No body of our state government is more accountable to the people of our state than the Legislature, and these bills will restore our ability to represent our constituents and provide them with the regulatory accountability and predictability they need to prosper,” Rep. Brent Jacobson (R-Mosinee) said during the floor debate. 

Constitutional amendment proposals must pass two consecutive sessions of the Legislature and be approved by a majority of voters before becoming law. This is the proposal’s first consideration. It still needs to pass the Senate to advance to a second consideration. 

The Assembly also concurred in four bills related to administrative rulemaking that were part of a package titled the “red tape reset,” which was introduced in May with the support of the conservative legal group Wisconsin Institute for Law and Liberty (WILL). 

One bill SB 277 would have all administrative rules sunset after seven years unless a rule is adopted again through an agency process. The Assembly amended the bill, so it will go back to the Senate. 

Three of the bills will now go to Evers for consideration. Those include SB 276, which would allow those who have challenged the validity of an administrative rule to receive attorney fees and costs if a court declares a rule invalid; SB 275, which would limit the use of scope statements to one proposed rule; and SB 289, which would require agencies to make cuts to offset the cost associated with new regulations.

The constitutional amendment as well as several other bills are the result of a task force organized by Assembly Speaker Robin Vos (R-Rochester) and chaired by Jacobson.

AB 910, which passed on a voice vote, would establish a process to review fees every 6 years. 

AB 955, which passed on a voice vote, would repeal the current language in state law that allows agencies to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if it is necessary to enforce the statute. The bill would replace the language, prohibiting agencies from promulgating rules interpreting the provisions of any statute without explicit and specific statutory authority. 

AB 994, which passed on a voice vote, would restrict agencies from promulgating rules if they are delinquent in complying with the reporting requirement and expand the process for repealing certain rules. 

AB 995, which passed on a voice vote, would change the default effective date for permanent administrative rules to the first day of the seventh month after the date of final publication.

Democratic lawmakers sought to get votes on the floor on several issues, introducing an array of amendments to Republican bills. Some of those included protecting access to contraception and abortion in Wisconsin, requiring former lawmakers to be at least a year out of the Legislature before they can become lobbyists and clarifying the residency requirements for lawmakers. However, none received votes as Republicans took procedural steps to avoid bringing them up. 

“These are going to keep coming forward,” Rep. Lisa Subeck (D-Madison) warned her Republican colleagues as she criticized them for not voting on the bills. “Democrats aren’t giving up on fighting for our constituents, whether we’re talking about the government, whether we’re talking about reproductive freedom or frankly, whether we’re talking about things that would reduce the cost of living for folks in the state. The Republicans time and time again, refused to take a vote.” 

The Assembly also approved several bills that will now head to Evers’ desk. 

The Assembly passed SB 652 which seeks to eliminate “race-based” programs offered through the state’s higher education system, including the minority teacher loan program and minority undergraduate grants. Under the bill, it would instead require the programs to focus on “disadvantaged” students, meaning those who have “experienced any unfavorable economic, familial, geographic, physical or other personal hardship.” It passed 53-45 along party lines and will now go to Evers for consideration. 

SB 498, which passed, would place a number of restrictions in state statute that Republican lawmakers argue would help protect free speech. Those include barring UW institutions from restricting speech from a speaker, creating “free speech” zones, charging security fees as a part of a permit application and sanctioning people for discriminatory harassment unless the speech “targets its victim on the basis of a protected class under law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits.” 

SB 405, which would create a civil cause of action against health care providers who perform gender transition procedures on someone under the age of 18 if the patient claims to be injured, passed along party lines. It will now go to Evers, who is likely to veto it.

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Clean Energy Works: On Repeat Customers

13 February 2026 at 18:40
Clean Energy Works is RENEW Wisconsin’s initiative to get into the field with our business members and learn directly from those doing the work each day. By shadowing installers, technicians, and staff across the clean energy industry, we gain a deeper understanding of what goes into the work. These experiences directly inform how RENEW supports and advocates for the people and companies driving clean energy forward.

When it comes to clean energy home improvements, the first project is rarely the last. In Westby, Wisconsin, one homeowner’s decision to go solar became the foundation for batteries, a smart panel, a heat pump, and future expansion.

To see what that looks like in practice, I joined Erik Amodt, Project Manager, and Tomas Herrera, Customer Experience Integrator, at a home where solar opened up the door to so much more.

Meet the Crew

Ethos Green Power Cooperative was established in Viroqua in 2013 and has grown into a 24-person electric cooperative serving southwest Wisconsin. Getting their start in solar installations, Ethos has expanded into battery storage, integrated electrical systems, and mini-split heat pumps as customer needs evolved.

Erik’s own path into clean energy started in agriculture. He spent years farming before transitioning into solar, bringing with him a practical mindset shaped by mechanical work and problem-solving.

“I grew up up north in Blair,” Erik said. “I did a lot of mechanical work and electrical work on the farm. I went to engineering school for three years, did a lot of math-type stuff, and then I just learned on the job. It worked out just fine.”

“Farmers are good at figuring it out,” he said. “It’s kind of fun to learn, to understand code better and see how all that stuff works.”

Erik is now a co-owner in the cooperative. He and Tomas work closely with homeowners as projects evolve. They’ve seen how often one installation leads to another.

“Electrification doesn’t happen all at once,” Tomas said. “It’s usually a journey.”

A recent customer, Paul, has a home that reflects that progression.

About the Technology

Paul began with solar and then expanded with a solar canopy. A local contractor built a beautiful timber frame structure, and Ethos installed solar on top. What started as an energy project also became a permanent and aesthetic feature on the property.

He later added a tiltable ground-mounted array to improve solar energy production in the winter and is now considering an additional ground mount behind his second array. Along the way, he added battery storage, a Span smart panel, and most recently, a heat pump.

The system integrates solar production with three batteries totaling 15 kilowatt-hours of storage, which offers him about 15 hours of emergency power. The Span panel provides circuit-level usage monitoring and prioritizes essentials like lights and refrigerators during outages.

Erik walked through the system controller first, explaining how power flows from the meter into the Enphase controller before distributing through the Span panel and three batteries.

“Span really shines when you start to have battery backup,” Erik said. “They can just work so seamlessly together.”

For Paul, storage was not just about cost savings. Living in a rural area, outages are periodic and often unpredictable. They can happen even on days when there is not a cloud in the sky. That uncertainty became a concern in his woodworking shop, where losing power mid-operation can create real physical risk.

“One initial concern of mine also was safety of my woodworking machines,” Paul said. “Not losing power during a critical operation.”

It wasn’t just about protecting equipment. It was about protecting himself as well. An abrupt outage, followed by power returning without warning, could create a dangerous situation while operating machinery.

“So we did switch one circuit on that critical machine over to here, to the Span panel, so that it can continue on if there is an outage,” he said.

With battery backup and the Span smart panel managing loads, the system provides a smooth transition between grid power and stored energy. Storage and backup became a way to protect his home, his physical health, and his workspace from unpredictable interruptions that are commonplace in rural areas.

Even the municipal utility came out to observe the installation, given how new the technology was to the area.

“They were thrilled to be able to come down and see this,” Paul said. “They were snapping pictures.”

Why It Matters

Paul’s home reflects a pattern that is increasingly common across Wisconsin. Solar becomes the entry point. Once installed, homeowners begin to understand their energy usage. From there, many build outward: adding storage, integrating mini-split heat pumps, and planning for electric vehicles.

This progression differs from how the industry often frames electrification. The common advice is to optimize the building envelope and electrify everything first, then add solar. In practice, many homeowners start with solar and expand over time.

Repeat customers are not simply a sales metric. They are a reflection of quality work and long-term trust. When systems perform well and installers remain engaged, homeowners return.

Looking Ahead

Paul is not done. He is increasingly interested in the possibility of using his electric vehicle as a battery for his home. Vehicle-to-home integration is already in use across the country and has been used to power homes during power outages caused by severe weather.

For Ethos Green Power Cooperative, repeat customers will likely become even more important as the market evolves.

“At the end of the day, we’re just trying to build good systems and do right by our customers,” Erik said.

In Westby, what began as a single solar installation has grown into a fully integrated energy system. It also reinforces an important lesson for the industry: build it right the first time, and customers will come back when they are ready for the next step.

If you are part of this work and would be willing to share your story, I would love to join you for a day. Feel free to reach out to me at ben@renewwisconsin.org.

The post Clean Energy Works: On Repeat Customers appeared first on RENEW Wisconsin.

Can Wisconsin do what Montana is attempting to prohibit corporations from donating to campaigns?

A row of wooden chairs and microphones sits beneath marble walls and a large framed painting of people gathered in a historical interior.
Reading Time: 3 minutes

Organizers are working to introduce a Montana ballot initiative that could prevent corporations from spending on elections.

The constitutional amendment would alter corporate charters and the power given to “artificial persons” in Montana, barring them from political spending. It attempts to bypass the U.S. Supreme Court’s 2010 Citizens United decision, which said under the First Amendment the government can’t bar corporations and similar groups from spending money independently to influence elections.

The Montana proposal is not yet on the 2026 ballot after the Montana attorney general and the Montana Supreme Court determined the version was legally insufficient under state constitutional rules, but organizers are refiling new versions in the hopes of getting the initiative on the ballot. 

In Wisconsin, home of the most expensive state Supreme Court races ever, could similar campaign finance laws be put in place? It’s a complicated question, according to legal experts. 

Unlike in Wisconsin, Montana residents can propose changes to the state constitution or statutory law through a citizen petition process. To qualify a constitutional initiative for the ballot, proponents must gather signatures equal to 10% of the state’s electors, including at least 10% of electors in two-fifths of Montana’s legislative districts. Statutory initiatives require signatures equal to 5% of the state’s electors, including at least 5% of electors in one-third of legislative districts.

Similar reforms in Wisconsin would need to come from the Legislature, not from a citizen-led ballot initiative. To place a constitutional amendment on the ballot, lawmakers must approve the same proposal in two consecutive legislative sessions. The amendment would then appear on the statewide ballot, where voters could approve it and make it part of the Wisconsin Constitution by a majority vote. The governor doesn’t have a role in that process.

If Montana’s initiative makes it to the ballot and voters approve it, more litigation is likely to follow, said Derek Clinger, senior counsel at the State Democracy Research Initiative at the University of Wisconsin Law School. It’s unclear if the organizer’s argument would survive a constitutional challenge. 

Nevertheless, Montana’s proposed ballot initiative is an interesting conversation starter that could help put “political pressure” on the courts if Montana voters agree to approve a potential amendment, Clinger said. 

“They made a case that doing this would comply with the U.S. Supreme Court precedent and that states have this power to regulate and kind of control what sorts of activities corporations are allowed to participate in,” Clinger said. “It’s an interesting idea what they’re doing in Montana, but I think it would absolutely be litigated, and it’s kind of hard to predict what would happen.”

There are other campaign finance changes Wisconsin politicians could introduce, such as spending limits in judicial elections.

“Judges are supposed to be kind of more above politics compared to legislators and executive officials, and that kind of need to keep judges out of the political fray can justify more campaign finance regulations,” Clinger said. “I think if there was an appetite to impose more regulations on judicial elections in Wisconsin, I think they would have the constitutional ability to do so. But the question is: Is there that appetite?”

Paul Nolette, director of Marquette University’s Les Aspin Center for Government, said it’s a difficult legal environment for supporters of campaign finance reform. 

“Getting laws on the books that make meaningful campaign finance change is just difficult at this particular moment,” Nolette said.

One way to change the system without limiting corporate giving would be more disclosure from so-called “dark money” groups, which can avoid disclosing donors through Super PAC donations. The Arizona Supreme Court allowed legislators to challenge a citizen ballot initiative that called for “dark money” disclosure. More than 70% of voters approved the measure in 2022. 

Legislators also could introduce a more robust public campaign finance system. Wisconsin once had a public financing program for Supreme Court elections as part of the Wisconsin Election Campaign Fund, but it was repealed in 2011. State Sen. Kelda Roys, D-Madison, previously told Wisconsin Watch she was drafting a bill to revive the public financing system and would propose significantly larger grants than the original $100,000 for primary candidates and $300,000 for general election candidates, saying smaller amounts would not meaningfully support competitive campaigns.

“The amount of money in politics, even if it’s just coming from individuals, is still significant enough that it just overwhelms the amount of public money that could be available,” Nolette said.

Apart from the state Legislature, Clinger said the Wisconsin Supreme Court could institute recusal rules, which may discourage partisan campaign donations to justices.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Can Wisconsin do what Montana is attempting to prohibit corporations from donating to campaigns? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Measles is in Wisconsin. Are Milwaukee schools vulnerable?

A vial and box labeled "Measles, Mumps, and Rubella Virus Vaccine Live M-M-R II" sit on a table, with "VFC" written on the box and blue-capped vials visible inside.
Reading Time: 4 minutes

Three cases of measles has been confirmed in Wisconsin in recent weeks, the latest involving an out-of-state traveler who traveled through Milwaukee Mitchell International Airport to Walworth County on Jan. 29. 

Milwaukee Health Commissioner Michael Totoraitis said during a news conference Tuesday that there were six individuals on the flight from the city of Milwaukee who may have been exposed as well as others.

“We have been in communication with those (six) individuals, and there’s also likely other contacts from the airplane that we do not have,” he said.

Measles is a serious disease that can cause high fevers and a spreading rash and lead to life-threatening complications such as pneumonia. 

Lindsey Page, director of immunizations and communicable disease with the Milwaukee Health Department, said measles is highly contagious and the risk of it hitting the city is real. 

Extremely contagious but can be prevented

According to the Wisconsin Department of Health Services, measles can spread from person to person through the air from coughs or sneezes. The department states that measles is so contagious that 90% of unvaccinated people who are around someone who is infected may also be infected.  

Page said the measles, mumps and rubella, or MMR, vaccine is highly effective at preventing the spread of measles. Still, vaccine rates in the city are below the recommended rate for herd immunity. Herd immunity for measles is reached when 95% of people in the community have the MMR vaccine. 

“It certainly poses a threat, which is why we’re obviously emphasizing the vaccination, which is key in preventing disease from spreading before it starts,” Page said. “The measles vaccine is one of the most effective and well-studied vaccines ever used.”

Three-fourths of 6-year-olds in Milwaukee have received both recommended MMR doses, according to the Milwaukee Health Department. Among 18-year-olds in Milwaukee, that number increases to 88%. 

The Milwaukee Health Department and Milwaukee Public Schools are working to get residents access to vaccinations to increase those rates and keep them safe. 

According to the International Vaccine Access Center, childhood vaccination rates in the U.S. have declined, and only 10 states had MMR rates above 95% during the 2024-25 school year.

Vaccination rates low in many Milwaukee schools

Neeskara is one of several Milwaukee schools where less than half the students have received the MMR vaccine. (Jonathan Aguilar / Milwaukee Neighborhood News Service / CatchLight Local)

Of the 152 Milwaukee public, private and charter schools with available vaccine data, only 11% have reached herd immunity levels of 95% for the MMR vaccine, according to data from the Washington Post. 

Only two Milwaukee Public Schools for which data was available, Highland Community School and Cooper Elementary School, had an MMR vaccination rate of 95%.

Just 7% of Milwaukee schools have a 95% immunization rate for all required vaccinations.

table visualization

Milwaukee Public Schools notifies families if immunization records are missing or incomplete, and students may be excluded from school if requirements are not met within a reasonable time, said Stephen Davis, MPS media relations manager. 

Students are allowed to attend school while families work to get their required vaccinations or submit a valid exemption as allowed by state law, Davis said. 

Wisconsin DHS allows vaccination exemptions for medical, religious or personal conviction reasons. Davis said exemption requests in the district have fluctuated from year to year.

Page said the Milwaukee Health Department runs vaccine clinics inside select MPS schools at the beginning of the school year. Students take home vaccine consent forms for parents to sign so those students can get their required immunizations in school. 

In the near future, the department will set up targeted clinics in schools with low MMR vaccination rates, Page said.

MPS prepares for potential measles cases

MPS is monitoring measles in the region and maintains regular communication with local and state public health partners, Davis said. 

Davis said the district has an infectious disease response plan, which the district reviews periodically and updates as public health guidance changes. The district last reviewed the plan in 2025. 

“While no increased risk has been identified within our schools at this time, we are remaining vigilant and prepared to respond if conditions change,” Davis said. 

If a case of measles is identified in the city, Davis said MPS would implement its response plan, including coordinating with key staff and reinforcing illness reporting procedures.

“Schools would follow established exclusion, cleaning and notification procedures in accordance with public health guidance,” Davis said.

Where can I get vaccinations?

The Milwaukee Health Department and the Wisconsin Department of Health Services offer several resources to check your vaccination status and access free vaccinations. 

Page said you can check your vaccination status with your pediatrician or doctor, look up your status on the Wisconsin Immunization Registry or contact the city Health Department at 414-286-6800.

Page said the Health Department offers free MMR vaccines to all residents at three immunization clinics regardless of age or insurance status.

These clinics also offer other vaccines, available for free for people without health insurance. Eligibility for certain vaccines depends on factors like age, and some vaccines are not always available.

Check vaccine availability by calling 414-286-8034.

Immunization clinic services in Milwaukee

Keenan Health Center, 3200 N. 36th St.

Open for vaccines on Thursdays from 1 to 4 p.m.

Northwest Health Center, 7630 W. Mill Road

Open for vaccines on Wednesdays from 3 to 6 p.m.

Southside Health Center, 1639 S. 23rd St.

Open for vaccines on Mondays from 3 to 6 p.m. and Tuesdays from 1 to 4 p.m. 


Alex Klaus is the education solutions reporter for the Milwaukee Neighborhood News Service and a corps member of Report for America, a national service program that places journalists in local newsrooms to report on under-covered issues and communities. Report for America plays no role in editorial decisions in the NNS newsroom.


Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.

Measles is in Wisconsin. Are Milwaukee schools vulnerable? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

How new TrumpRx program could affect Wisconsin pharmacies and patients

By: Lorin Cox
13 February 2026 at 22:20

Wisconsin pharmacist Hashim Zaibak joined WPR’s “Wisconsin Today” to discuss how the new TrumpRx program works and what barriers patients face with prescription drugs.

The post How new TrumpRx program could affect Wisconsin pharmacies and patients appeared first on WPR.

Judge rules in favor of Enbridge’s Line 5 reroute in Wisconsin, upholding state permits

13 February 2026 at 22:15

An administrative law judge has upheld key state permits for Enbridge’s $450 million plan to reroute an oil and gas pipeline around the reservation of the Bad River Band of Lake Superior Chippewa.

The post Judge rules in favor of Enbridge’s Line 5 reroute in Wisconsin, upholding state permits appeared first on WPR.

Community group challenges Port Washington’s data center TID in court

13 February 2026 at 19:57

A community group opposed to the planned data center campus in Port Washington is suing the city to try to block a tax increment financing district created to support the project.

The post Community group challenges Port Washington’s data center TID in court appeared first on WPR.

Trump’s move ending power to control climate pollution could cost Wisconsin billions

13 February 2026 at 18:45

President Donald Trump and the EPA announced Thursday that they’re eliminating the scientific basis for controlling pollution that’s warming the planet, posing widespread effects for the nation and Wisconsin.

The post Trump’s move ending power to control climate pollution could cost Wisconsin billions appeared first on WPR.

UW-Madison requiring students to share vaccine status following measles case

13 February 2026 at 16:52

UW-Madison will now require students to share their vaccination status for multiple diseases. This comes after state and local health officials confirmed a case of measles in a university student earlier this month. 

The post UW-Madison requiring students to share vaccine status following measles case appeared first on WPR.

Yesterday — 13 February 2026Regional

Members of Congress again challenge Noem policy limiting visits to immigration facilities

12 February 2026 at 22:42
Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)

Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)

WASHINGTON — Members of Congress on Thursday sought a ruling from a federal judge to block yet another Department of Homeland Security policy that required a notice for lawmakers to conduct oversight visits to immigration detention facilities.

The policy is the third from DHS Secretary Kristi Noem on the subject, and it is nearly identical to the previous two. 

Noem’s policies put in place a new requirement that members of Congress must give DHS seven days notice before conducting an oversight visit at a facility that holds immigrants, despite a 2019 appropriations law that allows for unannounced visits by lawmakers. 

On Feb. 2, U.S. District Judge Jia Cobb blocked a seven-day notification policy ordered by Noem one day after the deadly shooting of Renee Good by a federal immigration officer in Minneapolis on Jan. 7. 

On the same day as Cobb’s ruling, Noem issued a nearly identical policy, after Democrats said they would refuse to approve new DHS funding unless changes in enforcement tactics were made following a second deadly shooting of Alex Pretti by two Customs and Border Protection officers.

With disagreement between both parties, and Thursday’s failed vote to move forward on funding the Homeland Security bill for fiscal year 2026, the agency will be shut down beginning early Saturday. 

However, even if DHS is shut down, Immigration and Customs Enforcement still has $75 billion in funding due to the tax cuts and spending package signed into law last year.

Agency shutting down

Department of Justice attorneys on Thursday argued because DHS will be shut down, the appropriations law will expire by the end of the week and therefore the unannounced oversight provision for members of Congress will no longer be in effect.

An attorney for the members of Congress, Christine L. Coogle, rejected that argument and said just because the funds expire does not mean the law, which is a rider in the Homeland Security funding bill, does as well. 

“The law itself does not expire,” she said. “And so the oversight rider remains on the books.” 

Cobb said she would extend her temporary restraining order until March 2, or until she rules, whichever comes first.

Visits denied

Under a 2019 appropriations law, any member of Congress can carry out an unannounced visit to a federal facility that holds immigrants, referred to as Section 527. But in June, multiple Democrats were denied visits to ICE facilities, so they sued. 

“What we’re really seeking here is a return to the status quo,” Coogle said in court Thursday. 

In December, Cobb granted the request to stay Noem’s policy, finding it violated the 2019 law. 

But in the second policy Noem issued on Jan. 8, she argued because the ICE facilities are using funds through the Republican spending and tax cuts law, known as the “One, Big Beautiful Bill,” and not the DHS appropriations bill, those facilities are therefore exempt from unannounced oversight visits by members of Congress. 

Cobb earlier this month, rejected that argument from the Trump administration and temporarily blocked the policy for the plaintiffs in the case. 

The House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

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