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)

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.