House Democrats have asked a federal judge to block DHS Secretary Kristi Noem’s new rule requiring Congress to give advance notice before visiting ICE detention centers. They argue the directive is politically motivated and violates federal law and a prior court order.
Last year, Democrats sued to block the seven-day notice requirement under Section 527, which prevents DHS from using federal funds to block congressional oversight. U.S. District Judge Jia Cobb temporarily stayed the restrictions in December, saying they could not take effect “[u]nless and until Defendants show that no Section 527 funds are being used for these purposes.”
New Directive Sparks Legal Action
Noem issued a new seven-day notice directive last week despite the court stay. Democrats called the timing suspicious, as it followed a politically charged fatal shooting involving an ICE officer. The incident remains under federal investigation.
The new policy claims to rely entirely on funding from the “One Big Beautiful Bill Act” (OBBBA), which Noem says exempts it from Section 527. Democrats challenged that claim, arguing DHS could not implement a fully funded policy so quickly. They requested the judge to demand an explanation and hold an emergency hearing.
Lawmakers Stress the Importance of Oversight
Plaintiffs include Rep. Joe Neguse, Rep. Adriano Espaillat, and senior members of key House committees. They said timely oversight is vital to monitor ICE operations and guide legislative decisions, especially while Congress negotiates DHS and ICE funding under the continuing resolution.
“Defendants’ duplicate notice policy obstructs congressional oversight at a time when ICE misconduct continues,” the lawmakers said in a statement.
DHS Defends Its Policy
DHS argued the guidance protects members of Congress, staff, detainees, and ICE personnel while complying with court orders. Assistant Secretary McLaughlin said unannounced visits require pulling officers from normal duties. The directive ensures safety and lawful cooperation with congressional oversight.
