Judge Upholds New Visitor Policy for Congressional Access to Immigrant Detention Facilities

A federal judge has decided not to block a policy from the Trump administration that mandates members of Congress to provide a week’s notice before they can visit immigrant detention centers. This ruling by U.S. District Judge Zia Cobb in Washington, D.C. came after Rep. Ilhan Omar (D-Minn.) reported that she and other lawmakers from Minnesota were turned away from an ICE facility in Minneapolis on January 10, as they were informed of the new visitation rules.

Lawyers for several Democratic representatives had sought Judge Cobb’s intervention, but the judge determined that the legal challenge was brought forward using an incorrect procedure. Cobb stated that the January 8 policy was a recent action by the Department of Homeland Security and not covered by any previous court decision favoring the plaintiffs.

“The court stresses that the denial of the plaintiffs’ claims is not based on the legality of the policy itself, but rather because it doesn’t provide the right context to challenge the defendants’ memorandum from January 8,” Cobb indicated.

Previously, on December 17, Cobb had temporarily halted the government’s requirement for advance notice for congressional visits, suggesting it might be unlawful for ICE to impose such restrictions. Following the death of Renee Nicole Goode in Minneapolis, Homeland Security Secretary Kristi Noem signed a new memorandum that included this seven-day notice requirement, as reported.

It was pointed out by attorneys from the legal advocacy group Democracy Forward that the updated policy wasn’t disclosed until after Omar, along with Reps. Kelly Morrison and Angie Craig, were denied entry to the facility.

Democracy Forward spokesperson Melissa Schwartz mentioned that they are examining the judge’s latest ruling and plan to utilize all legal avenues to combat the administration’s attempts to circumvent congressional oversight.

In the early part of this month, House Democrats filed a request for a judge to prohibit Noem’s advance notice rule, arguing in court that the directive was politically driven and violated previous court orders regarding federal spending laws.

Last year, Democrats had taken legal action seeking to annul the seven-day notice requirement, claiming it contravened Section 527 of the Federal Appropriations Act, which prevents DHS from using appropriated funds to hinder congressional access to detention facilities.

In addressing the issue, Judge Cobb temporarily prevented the DHS regulation from going into effect, stating, “until the defendant provides proof that Section 527 funds are not being used for these purposes.”

Lawyers with Democracy Forward indicated that the administration has yet to demonstrate that any of its funds are being allocated for the new notification policy.

According to representatives from the Justice Department, the policy Noem signed on January 8 is distinct from the one Cobb had suspended previously.