Minnesota Democratic U.S. Reps. Kelly Morrison, Ilhan Omar and Rep. Angie Craig arrive outside the regional Immigration and Customs Enforcement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. The lawmakers were denied entry to  the facility where the Department of Homeland Security has been headquartering operations in the state. (Photo by Stephen Maturen/Getty Images)

WASHINGTON — A Department of Homeland Security policy that barred unannounced visits for lawmakers seeking to conduct oversight at facilities that hold immigrants will remain in place, as ordered by a federal judge Monday.

District of Columbia federal Judge Jia Cobb issued an order that denied a request from a dozen Democratic lawmakers, on the technical grounds that an amended complaint or a supplemental brief must be made to challenge a seven-day notice policy instituted by Homeland Security Secretary Kristi Noem this month for oversight visits.

“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,” according to Cobb’s order.

Earlier this month, Democrats brought an emergency request to Cobb after a handful of Minnesota lawmakers were denied an unannounced oversight visit to a federal facility that holds immigrants following the deadly shooting of a woman in Minneapolis by a federal immigration officer.

Under a 2019 appropriations law, any member of Congress can carry out an unannounced visit at a federal facility that holds immigrants, but in June, multiple Democrats were denied visits to Immigration and Customs Enforcement facilities. 

Those 12 Democrats sued over the policy that required a week’s notice, and in December, Cobb granted the request to stay Noem’s policy, finding it violated the 2019 law. 

Noem has now argued that the January incident does not violate Cobb’s stay from December, 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. Noem argued that those facilities are therefore exempt from unannounced oversight visits by members of Congress. 

House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, 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.

Delaney Hall in Newark, New Jersey, the largest immigrant detention center on the East Coast, was the site of a May demonstration against the Trump administration’s immigration policies. (Photo by New Jersey Monitor)

WASHINGTON — A federal judge Wednesday blocked a policy from the Department of Homeland Security, finding that it violated an appropriations law that allows members of Congress to make unannounced oversight visits to federal facilities that detain immigrants.

Judge Jia Cobb rejected the Trump administration’s argument that the new policy doesn’t prevent members of Congress from entering a DHS facility that detains immigrants. 

“The notice requirement as implemented by ICE officials does just that: it stops visiting Members of Congress from entering a facility unless they have provided seven days of advance notice,” she wrote in her opinion.

The stay on the DHS policy from Cobb is temporary, while the case proceeds.

This year, DHS created the new policy to require lawmakers to give the agency seven days’ notice, plus approval from an agency official, before visiting a facility where immigrants are detained. 

In July, 12 members of Congress sued, arguing that DHS overreached its authority in creating the policy and that it violated a 2019 appropriations law, referred to as Section 527.

“The Court thus finds that Plaintiffs are likely to succeed on their claim that Section 527 funds are being used to implement a seven-day notice requirement for Members of Congress seeking to enter ICE detention facilities, and that the notice requirement is contrary to law and in excess of DHS’s statutory authority,” Cobb wrote.

As the Trump administration continues with its aggressive immigration crackdown, the number of immigrants held in detention has ballooned. One of the few tools Democrats have, as the minority party, is oversight of U.S. Immigration and Customs Enforcement facilities.  

The suit in the District Court for the District of Columbia charged that the Trump administration overreached its authority in creating the policy.

Those Democrats who sued include: Joe Neguse of Colorado, Adriano Espaillat of New York, 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.

In a statement, lawmakers praised the decision. 

“It reinforces the rule of law and reminds the administration that oversight is not optional,” they said. “Real-time, on-the-ground visits to immigration detention facilities help prevent abuses and ensure transparency. Oversight is a core responsibility of Members of Congress—and a constitutional duty we do not take lightly.”

Democrats created the policy that allows members of Congress to show up unannounced at DHS facilities that detain immigrants, including ICE field offices, after the first Trump administration’s practice of separating children from their parents at the southern border in 2018.

At that time, Democrats were unable to conduct interviews with separated immigrant families and often denied entry into DHS facilities, so lawmakers included the provision in the fiscal year 2019 appropriations law.

The provision was later expanded to include all immigrants detained at DHS facilities, not just children, and allowed for unannounced visits by members and the inclusion of congressional staff to enter with their members during oversight visits.