A federal judge has upheld a Department of Homeland Security (DHS) policy that requires lawmakers to provide a week’s notice before conducting oversight visits at facilities housing immigrants. The ruling, delivered by District of Columbia federal Judge Jia Cobb, rejected a request from a group of Democratic lawmakers who aimed to challenge the policy on technical grounds rather than on its legality.
The court’s decision follows an emergency request made by lawmakers earlier this month after several Minnesota representatives were denied an unannounced visit to a federal facility holding immigrants. This incident arose in the wake of a tragic shooting in Minneapolis involving a federal immigration officer, prompting concerns about oversight at these facilities.
Previously established in a 2019 appropriations law, members of Congress are generally permitted to conduct unannounced visits to federal immigration facilities. However, following multiple instances in June where Democratic lawmakers were barred from visiting Immigration and Customs Enforcement (ICE) facilities, the lawmakers collectively filed a lawsuit challenging the newly instituted seven-day notification policy by Homeland Security Secretary Kristi Noem.
In December, Judge Cobb had granted a temporary stay on Noem’s policy, deeming it a violation of the 2019 law. However, Noem claims that the incidents occurring in January are not in violation of Cobb’s ruling because the impacted ICE facilities are funded through a Republican spending and tax cuts bill, known as the “One, Big Beautiful Bill,” which she argues makes them exempt from the existing oversight provisions.
The Democratic lawmakers involved in the lawsuit include notable figures such as Rep. Joe Neguse from Colorado, Rep. Adriano Espaillat from New York, and Rep. Jamie Raskin from Maryland, among others. As the legal battle unfolds, the implications of this ruling could further shape the dynamic of congressional oversight concerning immigrant facilities and the policies governing their operation.
This development highlights an ongoing struggle to balance the need for transparency in government operations with the regulations and policies established by the DHS. The push for congressional oversight underscores the critical importance of accountability in immigration enforcement.