Minnesota Democratic Reps. Kelly Morrison, Ilhan Omar and Republican Angie Craig arrive in front of Immigration and Customs Enforcement’s regional headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. Lawmakers were denied entry to the facility where the Department of Homeland Security has its headquarters in the state. (Photo: Stephen Maturen/Getty Images)
WASHINGTON – A Department of Homeland Security policy that prohibits unannounced visits by lawmakers seeking oversight of immigrant detention facilities will remain in place, according to a federal judge’s ruling Monday.
District of Columbia federal judge Jia Cobb issued an order denying a request by more than a dozen Democratic lawmakers on a technicality that an amended complaint or supplemental brief should be prepared to challenge the seven-day notice policy put in place this month by Homeland Security Secretary Kristi Noem for surveillance visits.
“The Court emphasizes that it is denying Plaintiffs’ motion only because it is not an appropriate way to challenge Defendants’ January 8, 2026 memorandum and the policy set forth therein, and not based on any finding that the policy is lawful.” as ordered by Cobb.
Earlier this month, Democrats he brought an urgent request to Cobb after a handful of Minnesota lawmakers were denied an unannounced inspection visit to a federal immigration detention facility following the fatal shooting of a woman in Minneapolis by a federal immigration officer.
Under the 2019 Appropriations Act, any member of Congress can make an unannounced visit to a federal immigration detention facility, but in June, many Democrats were denied visits to Immigration and Customs Enforcement facilities.
Those 12 Democrats sued over the one-week notice policy, and in December Cobb granted a motion to uphold Noem’s policy, finding it violated the 2019 law.
Noem has now argued that the January incident does not violate Cobb’s December stay because ICE facilities utilize funds from the Republican spending and tax cuts bill known as the “One Big Beautiful Act,” not the DHS appropriations bill. Noem argued that these facilities are therefore exempt from unannounced inspection visits by members of Congress.
House Democrats who sued included Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
