A federal judge issued a temporary injunction against a Trump administration policy prohibiting lawmakers from inspecting Immigration and Customs Enforcement (ICE) facilities without at least one week’s notice.
This comes amid national controversy over ICE’s enforcement operations and President Donald Trump’s mass deportation initiative. Critics argue that ICE’s activities are heavy-handed and that it has unfairly targeted illegal immigrants.
From CBS News:
A federal judge on Wednesday temporarily blocked a Trump administration policy that sought to require members of Congress to submit requests a week before visiting and inspecting Immigration and Customs Enforcement detention facilities.
U.S. District Court Judge Jia Cobb ruled that the policy likely violated an appropriations law passed by Congress saying that the Department of Homeland Security, which oversees ICE, cannot use funds to require lawmakers in Congress to "provide prior notice of the intent to enter a facility" to conduct oversight.
That DHS policy, announced in June, said members of Congress should file requests to inspect ICE facilities a minimum of seven days before making the visit, and that only Homeland Security Secretary Kristi Noem could waive that requirement. Before that policy, ICE had historically allowed members of Congress to visit ICE facilities, without prior notice.
"Contrary to Defendants' suggestion, then, (appropriations law) does entitle Members of Congress to access ICE facilities without being subject to a notice requirement," Cobb wrote in her ruling Wednesday.
The D.C.-based judge's order stemmed from a lawsuit filed by the groups Democracy Forward Foundation and American Oversight on behalf of a dozen Democratic lawmakers in Congress who attempted to inspect ICE detention centers.
In a statement, New York Rep. Dan Goldman, a Democrat and one of the plaintiffs in the lawsuit, said Wednesday's order vindicated lawmakers' "statutory right to conduct oversight."
"For months, masked, unidentified ICE agents have detained law-abiding immigrants in inhumane and unconstitutional conditions, while DHS has repeatedly and unlawfully blocked me and other Members of Congress from inspecting these facilities," Goldman said.
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ICE Must Allow Lawmakers to Inspect Detention Centers, Judge Rules https://t.co/nbmcEYCqpL
— Natasha Korecki (@natashakorecki) December 18, 2025
The White House defended the policy, arguing that it is meant as a security and management measure, not an effort to avoid transparency. The notice requirement allows ICE time to ensure the facilities are safe and prepared for a lawmaker’s visit. Officials also point out that unannounced visits could interfere with transportation, medical care, and other daily routines.
I'm demanding entry into the @ICEgov facility in #Baltimore so I can do my constitutionally required oversight of a facility that has my constituents locked inside. More: https://t.co/FEn3niJIxo pic.twitter.com/6lGYfAWNQc
— Rep. April McClain Delaney (@RepAprilDelaney) December 13, 2025
This issue is part of a broader debate over government transparency, immigration policy, and the separation of powers between the legislative and executive branches. Democrats claim the rule is designed to impede oversight and shield ICE from accountability at a time when there are increasing reports of overcrowding, medical neglect, and poor living conditions for those held in detention.
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