Democrats in Congress continue fight to make unannounced visits to ICE detention facilities

Democratic members of Congress could be back in court this month after they say the Trump administration is again denying them immediate access to immigration detention facilities.

A 2025 ICE memo required lawmakers to give seven days notice. A dozen Democratic representatives filed suit following the release of the new rule — arguing it violates a U.S. statute that guarantees them the right to make unannounced visits to federal detention facilities to conduct oversight on conditions inside.

A federal court ruled to lift the requirement in December and restore lawmaker access without notice.

But this month, one day after Minneapolis resident Renee Good was fatally shot by an ICE agent, a new memo signed by Homeland Security Secretary Kristi Noem reinstated it.

Plaintiffs say they were made aware while trying to visit a Minneapolis ICE facility after the shooting. They’re asking the court for an emergency hearing to address the new guidance.

DHS argues the restriction its latest 7-day restriction is not subject to the December court order, because it's using funds from the GOP spending bill passed last year, rather than annual funds appropriated by Congress.

The agency has previously argued the restriction is needed because of a “1,150% surge in assaults, disruptions and obstructions to enforcement,” but hasn’t responded to questions about how those increases are calculated.

In their motion, filed Monday, plaintiffs argue a new court hearing is needed as Congress negotiates over funding for DHS and ICE ahead of a Jan. 30 deadline when last year's appropriations expire.

"And ICE continues to expand its operations, including immigration detention and enforcement. This is a critical moment for oversight, and members of Congress must be able to conduct oversight at ICE detention facilities, without notice, to obtain urgent and essential information for ongoing funding negotiations,” the motion reads.