Judge Upholds Policy Limiting Lawmakers’ Access to ICE Facilities

A recent ruling from a federal court in Washington has upheld the Department of Homeland Security’s policy requiring lawmakers to give a seven-day notice before visiting immigration detention facilities. Judge Jia M. Cobb from the Federal District Court for the District of Columbia made this announcement on Monday, stating that lawmakers need to revise their lawsuit to specifically challenge the policy reinstated by the Trump administration.

Background of the Ruling

This ruling follows Judge Cobb’s previous order in December, which had blocked a similar policy on the grounds that appropriations law mandates congressional oversight of these facilities. Earlier this month, DHS reinstated the policy, arguing that funding from the One Big Beautiful Bill Act, a significant domestic law championed by President Trump, allowed them to bypass this requirement.

Details of the Hearing

The court’s decision came after an emergency hearing where lawyers representing Democratic lawmakers argued that the change in funding was a legal maneuver to evade oversight. The policy was invoked to deny access to Representatives Angie Craig, Ilhan Omar, and Kelly Morrison, members of Congress from Minnesota, during their attempted visit to a detention center on January 10.

Key Reasons for the Decision

• Judge Cobb’s order emphasized the need for the lawmakers to amend their complaint.
• She highlighted that changes made by the Trump administration were crucial to the current ruling.
• The case is set against a background of rising tensions regarding federal immigration operations in Minnesota.

During the hearing, Amber Richer, a Justice Department lawyer, claimed ICE had effectively circumvented requirements set forth in the appropriations law. She referred to a statement from a senior DHS financial officer indicating that the department could utilize new funding from the president’s bill to support detention operations. This switch in funding sources, Richer argued, exempted them from the need to allow congressional access.

Concerns Raised by Lawmakers

Christine Coogle, a lawyer from the advocacy group Democracy Forward representing the lawmakers, argued that the administration’s efforts are a ruse to maintain the previous policy while avoiding strict scrutiny. She stated that important financial commitments, such as salaries and software licenses, were still reliant on congressional appropriations.

Impact of the Policy on Oversight

Coogle raised concerns over overcrowding in ICE facilities and noted that there have been at least four reported deaths in these centers so far in 2026. She insisted that unannounced inspections by Congress are essential to ensure accountability in light of these troubling conditions.

As this situation unfolds, the implications for oversight of immigration facilities and the broader political landscape could resonate deeply in the coming months. Lawmakers are expected to address these issues as they seek to secure their rights for unimpeded access going forward.