New federal ruling overturns DHS memo barring unannounced congressional visits to ICE detention

A federal judge has again ruled to require the Department of Homeland Security to let members of Congress make unannounced visits to ICE detention centers.

This case dates back to last summer, when DHS first released a memo requiring lawmakers to give a week’s notice before visiting ICE facilities.

A dozen lawmakers filed suit, arguing the new rule went against statute requiring unannounced access to facilities for oversight. A judge agreed and the memo was struck down.

But earlier this year, DHS released a nearly identical document with the same week-long rule, arguing it was not subject to the statute requiring oversight because ICE facilities would funding allocated to the agency through the Big, Beautiful Bill Act.

In an order this week, District Judge Jia Cobb ruled to block the new memo on the grounds that plaintiffs had standing to bring the case and ICE facilities would likely still need to use congressionally appropriated funds, which are subject to the statute requiring oversight access.

A DHS spokesperson said the agency disagreed with the new ruling and called the seven-day notice requirement a "commonsense measure to ensure the safety of staff, law enforcement, visitors, and detainees alike."

The spokesperson did not say whether the administration would appeal the order.