Judge Restores Lawmakers’ Unfettered Access to ICE Detention Facilities

The Department of Homeland Security may not bar members of Congress from making unannounced visits to ICE detention facilities, a federal judge ruled Monday, blocking a policy imposed in January by Secretary Kristi Noem requiring a week’s notice before lawmakers could gain access.

U.S. District Judge Jia Cobb ruled that Noem’s policy was crafted with funds that Congress specifically said could not be used to impede lawmakers’ visits to detention facilities, even if those visits are not announced in advance. And she rejected DHS’ claim that it had relied on alternative funding sources to craft and implement the policy — namely the One Big Beautiful Bill Act, which directed unprecedented sums toward DHS operations.

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The Trump administration quickly appealed the ruling.

It was Cobb’s third time blocking or limiting the reach of Noem’s efforts to prevent unannounced lawmaker visits. In December, the Biden-appointed judge blocked the policy in response to a lawsuit filed by Rep. Joe Neguse (D-Colo.) and a dozen other lawmakers who sued, claiming their efforts to visit detention facilities had been illegally blocked.

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This time, Cobb’s ruling will block enforcement of the policy altogether, restoring full access to ICE detention facilities for all members of Congress. Cobb said her latest ruling was strengthened by the fact in recent months, “ICE’s enforcement and detention practices have become the focus of intense national and congressional interest.”

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