U.S. District Judge Jia Cobb blocks 7-day notice for congressional visits to immigration detention facilities
DHS cannot condition congressional oversight entry to ICE facilities on a week-advance notice requirement while the suspension is in effect.
Change
U.S. District Judge Jia Cobb temporarily enjoined enforcement of Homeland Security Secretary Kristi Noem’s Jan. 8 policy that required members of Congress to give seven days’ notice before visiting Immigration and Customs Enforcement facilities, finding the rule likely exceeds the department’s statutory authority.
Why it matters
The injunction prevents the Department of Homeland Security and Immigration and Customs Enforcement from denying or turning away members of Congress on the basis of the seven-day advance-notice rule while the order remains in force. It also constrains the agencies’ ability to rely on restricted or non-appropriated funds to promulgate or enforce access limits for congressional oversight.
Implications
- — Department of Homeland Security legal and compliance teams must cease enforcing the seven-day advance-notice rule immediately and process access requests from members of Congress without that waiting period, or face potential contempt or other court sanctions.
- — Immigration and Customs Enforcement facility managers must admit or promptly schedule oversight visits by members of Congress who arrive without seven days’ notice, or obtain express court authorization before refusing entry.
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