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Judge Blocks DHS 7-Day Notice for Congress ICE Visits

Published 2 February 2026

A federal judge in Washington, D.C., issued a temporary restraining order on Monday blocking the Department of Homeland Security from enforcing a policy that requires members of Congress to provide seven days' notice before visiting immigration detention facilities operated by Immigration and Customs Enforcement.

U.S. District Judge Jia M. Cobb's order applies to a January 8 memo from DHS Secretary Kristi Noem, which sought to reinstate the notice requirement after a similar policy was halted in December. The ruling, effective for 14 days while the court considers a longer injunction, stems from a lawsuit filed by 13 Democratic House members who argue the policy violates Section 527 of a federal appropriations law. That provision mandates that DHS cannot use appropriated funds to prevent lawmakers from conducting unannounced oversight visits to such facilities.

The plaintiffs, including Representatives Joe Neguse of Colorado, Ilhan Omar of Minnesota, Veronica Escobar of Texas, and Jason Crow of Colorado, initially sued in July 2024 after ICE denied them access to centers without advance notice. Cobb's December injunction blocked an earlier version of the policy, finding it...

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