Federal Judge Temporarily Lifts DHS Restriction on Congressional Visits to Immigration Detention Facilities

A federal judge has paused a policy from the Department of Homeland Security (DHS) that limited how and when members of Congress could visit immigration detention centers. This decision came from U.S. District Judge Gia Cobb in Washington, D.C.

Judge Cobb’s ruling indicated that the Immigration and Customs Enforcement (ICE) likely overstepped funding regulations, and that the restrictions were causing serious harm. The court had previously determined that the DHS’s requirement for advance notice of congressional oversight visits was damaging and hindered timely supervision of the facilities.

In the judge’s order, it was noted that the urgency of the situation had increased in recent weeks due to growing national scrutiny over ICE’s practices. “The balance of public interest,” she wrote, “strongly favors granting limited preliminary relief to the plaintiffs through a temporary injunction.”

Recently, House Democrats had filed a lawsuit seeking to challenge the directive issued by Homeland Security Secretary Noem. They argued that these new rules were politically motivated and in violation of federal funding laws.

Interestingly, just last month, Judge Cobb had declined to prevent the previous administration’s requirement for lawmakers to notify the agency with at least a week’s advance notice before facility visits. At that time, she stated that the lawyers for the plaintiffs had utilized the incorrect procedural means to voice their concerns.

Back in December, Cobb had issued a temporary block on the administration’s surveillance policy. She had ruled that ICE’s demand for a week’s notice for congressional visits could likely be considered illegal.