US judge stops notice requirement for congress visiting ICE
District Court Judge Jia Cobb in Washington, DC, said an appropriations statute prohibits the Department of Homeland Security (DHS) from using federal funds to compel lawmakers to “provide prior notice of the intent to enter a facility” for oversight purposes, according to reports.
“Contrary to Defendants' suggestion, then, (appropriations law) does entitle Members of Congress to access ICE facilities without being subject to a notice requirement,” Cobb wrote in her ruling.
The policy, announced by DHS in June, required lawmakers to request visits at least seven days in advance, with waivers granted only by Homeland Security Secretary Kristi Noem.
Historically, ICE allowed unannounced congressional visits prior to the rule.
The case was brought by the Democracy Forward Foundation and American Oversight on behalf of a dozen Democratic lawmakers, who argued that DHS had unlawfully blocked their attempts to inspect ICE facilities.
New York Representative Dan Goldman, one of the plaintiffs, said the ruling affirmed lawmakers’ “statutory right to conduct oversight,” adding: “For months, masked, unidentified ICE agents have detained law-abiding immigrants in inhumane and unconstitutional conditions.”
The order also suspended a separate administration argument claiming that ICE field offices are not detention centers and therefore exempt from congressional oversight — an assertion Democrats challenged, noting that detainees have been held in such facilities for days in cities including New York.
The decision comes as ICE detention reaches record levels. As of November 30, the agency held approximately 66,000 people nationwide, the highest total on record, with about 47% detained solely for civil immigration violations, according to reports.
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