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Judge blocks DHS policy to keep House Dems from visiting detention facilities unannounced

U.S. House Democrats, from left, Kelly Morrison, Ilhan Omar and Rep. Angie Craig, all of Minnesota, arrive outside of the regional Immigration and Customs Enfrocement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. (Photo by Stephen Maturen/Getty Images)

U.S. House Democrats, from left, Kelly Morrison, Ilhan Omar and Rep. Angie Craig, all of Minnesota, arrive outside of the regional Immigration and Customs Enfrocement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. (Photo by Stephen Maturen/Getty Images)

WASHINGTON — A federal judge on Monday temporarily blocked a Trump administration policy that prevented members of Congress from making unannounced oversight visits at facilities that hold immigrants.

The temporary restraining order from U.S. District Judge Jia Cobb of District of Columbia federal court blocked a seven-day notice requirement that Homeland Security Secretary Kristi Noem established earlier this month. The order allows congressional Democrats to access facilities that are central to the national debate over President Donald Trump’s immigration crackdown.

“The Court’s decision today to grant a temporary restraining order against ICE’s unlawful effort to obstruct congressional oversight is a victory for the American people,” Colorado Democratic Rep. Joe Neguse, who is the lead plaintiff in the case, said in a statement. “We will keep fighting to ensure the rule of law prevails.”

Noem issued the policy Jan. 8, one day after federal immigration officer Jonathan Ross shot and killed 37-year-old Renee Good in Minneapolis, the site of an aggressive immigration operation for nearly two months. 

A second Minneapolis resident, 37-year-old Alex Pretti, was shot and killed by a Customs and Border Protection officer and Border Patrol agent on Jan. 24. 

Following the Jan. 7 shooting, U.S. House Democrats from Minnesota tried to conduct unannounced oversight visits at a Department of Homeland Security facility that held immigrants, as allowed under a 2019 appropriations law. Democrats have argued the notice policies issued by Noem violate that appropriations law. 

Noem argued the notice policy was acceptable, despite the spending law, because the facilities were funded through the “One Big Beautiful Bill Act,” not an appropriations law, and were therefore exempt from the unannounced oversight visit policy.

Cobb rejected that argument, for now, while the case continues, saying the administration had not shown how the department could effectively separate the funds from each law. Cobb said the argument raised “practical challenges.”

“Perhaps reflecting that difficulty, Defendants have not seriously attempted to argue that DHS and ICE ensured that only OBBBA-funded resources were used before promulgating and first implementing the January 8 policy,” she wrote. 

A dozen Democratic lawmakers brought the suit in July, after DHS created a seven-day notice policy to visit a facility where immigrants are detained. In the filing, lawmakers argued that DHS overreached its authority in creating the policy and that it violated a 2019 appropriations law.

Cobb in December also issued a temporary block on that policy.

The House Democrats who sued include Neguse, 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.

Democrats in Congress seek to impeach Homeland Security Secretary Kristi Noem

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON — U.S. House Democrats Wednesday introduced three articles of impeachment against Homeland Security Secretary Kristi Noem, after a deadly shooting of a woman in Minneapolis by a federal immigration officer.

The Department of Homeland Security did not immediately respond to States Newsroom’s request for comment. 

The three articles of impeachment were introduced by Illinois Democratic Rep. Robin Kelly. Nearly 70 Democrats have co-signed, but as the minority party in both chambers, any support or movement for the articles will likely only occur if Democrats win the midterm elections and flip the House. 

“She needs to be held accountable for her actions,” Kelly said. “Renee Nicole Good is dead because Secretary Noem allowed her DHS agents to run amok.”

On Jan. 7, 37-year-old Renee Good was shot and killed by federal immigration officer Jonathan Ross in Minneapolis. Federal immigration officers have intensified immigration enforcement, leading to massive pushback from the community there and protests across the country. 

The articles from Kelly accuse Noem of obstructing Congress after lawmakers were denied oversight visits at DHS facilities that hold immigrants; violating public trust through due process violations of U.S. citizens’ and immigrants’ rights and aggressive warrantless arrests in immigration enforcement; and misusing $200 million in taxpayer funds by awarding a contract to a company run by the husband of DHS spokesperson Tricia McLaughlin, according to ProPublica.

A dozen members of Congress have sued Noem over those denied visits at ICE facilities to conduct oversight and were granted a stay to that policy by a federal judge. But Noem issued a new policy and last weekend several Minnesota lawmakers were blocked from visits to ICE facilities. 

A federal judge is currently probing to see if the new policy from Noem violates her court order from December. 

Kelly was joined by several Democrats, including Minnesota’s Angie Craig, who represents a swing district. 

“We are being terrorized by Homeland Security and ICE,” Craig said. “This has crossed a line. This rogue agency is violating the rights of American citizens in our communities, and last Wednesday … the escalation by ICE in our communities got Renee Good killed.”

Noem would not be the only Homeland Secretary to be impeached, should the House take that action. 

In 2024, Republicans impeached the Biden administration’s DHS secretary, Alejandro Mayorkas, on the grounds that he lied to Congress that the southern border was secure and that he violated his duty when he rolled back several Trump-era immigration policies. 

The Senate, then controlled by Democrats, dismissed the articles of impeachment. 

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