Federal Judge Upholds ICE's 7-Day Notice Policy for Congressional Visits

Tue Jan 20 2026 06:39:52 GMT+0200 (Eastern European Standard Time)

A federal judge has ruled that the Trump administration's requirement for Congress to provide one week's notice before visiting immigration detention facilities can remain in effect, denying a temporary injunction against the policy.

U.S. District Judge Jia Cobb has upheld a new policy from the Department of Homeland Security that mandates a week's notice for congressional visits to ICE facilities. The ruling comes after legal challenges from several Democratic members of Congress following a recent shooting incident involving an ICE officer. The judge asserted that the policy is a new agency action, stating plaintiffs must use correct procedural channels for their challenge. The administration's directive has raised concerns over congressional oversight and the conditions within ICE facilities.

WASHINGTON (RTW) — A federal judge refused Monday to temporarily block the Trump administration from enforcing a new policy requiring a week’s notice before members of Congress can visit immigration detention facilities.

Judge Jia Cobb concluded that the Department of Homeland Security did not violate a previous court order when it reinstated the seven-day notice requirement for congressional oversight visits to Immigration and Customs Enforcement facilities.

Cobb emphasized that her decision was based on procedural grounds and did not assess the legal validity of the new policy. She found that the plaintiffs' legal representation had employed the wrong procedural method to contest the policy.

The challenge arose after three Democratic Congress members from Minnesota were denied access to an ICE facility in Minneapolis shortly after an ICE officer fatally shot a U.S. citizen.

Last month, Cobb temporarily halted an administration policy allowing a week’s notice for such visits, claiming it likely violated Congressional oversight rights. Following a critical incident involving an ICE officer, DHS announced a new 7-day notice rule which plaintiffs argued was an attempt to circumvent oversight.

Cobb's ruling indicated that the January 8 policy is distinct from previous policies, meaning the plaintiffs could not enforce past orders regarding visitor access.

Democracy Forward's representatives indicated they would explore all legal options to contest the administration’s attempt to limit congressional oversight after a series of incidents raised serious questions about detainee conditions at ICE facilities.

A previous law limits DHS from using funds to prevent Congressional access to its facilities for oversight, adding urgency to the legal challenge as Congress navigates upcoming funding negotiations.

The ongoing debate underscores the tension between regulatory oversight and logistical barriers placed on visits to immigration facilities, with implications for how ICE manages detention amidst ongoing scrutiny.