WASHINGTON — A federal judge temporarily blocked the Biden administration Monday from enforcing a policy requiring members of Congress to provide seven days’ notice before visiting immigration detention facilities, a measure Democrats argued deliberately hinders oversight of federal immigration practices. U.S. District Judge Jia Cobb in Washington ruled the policy likely exceeds the Department of Homeland Security’s authority and issued a temporary restraining order preventing its enforcement. The ruling follows a lawsuit filed January 8 by thirteen House members challenging the policy, initially implemented by Homeland Security Secretary Kristi Noem. Judge Cobb had previously blocked an earlier version of the policy in December, finding it likely illegal for Immigration and Customs Enforcement to demand advance notice from lawmakers seeking to observe conditions within ICE facilities. According to the court filing, the administration secretly reinstated a nearly identical requirement just one day after an ICE officer fatally shot U.S. Citizen Renee Good in Minneapolis. The renewed policy came to light when three Democratic members of Congress from Minnesota – Representatives Ilhan Omar, Kelly Morrison, and Angie Craig – were initially denied access to an ICE facility near Minneapolis three days after the shooting. The Department of Homeland Security did not publicly disclose the reinstated policy until after the lawmakers were turned away, according to attorneys representing the plaintiffs. PBS News reported on the live testimony expected from Secretary Noem. Judge Cobb’s ruling emphasizes that the government has not presented “concrete examples of safety issues posed by congressional visits without advanced notice.” The judge also noted that a federal law prohibits the apply of appropriated funds to prevent congressional access to DHS facilities for oversight purposes, and found it “highly likely” that the Trump administration utilized restricted funds to enact and enforce the policy. Secretary Noem is scheduled to testify before the Senate Judiciary Committee Tuesday at 9 a.m. EST regarding DHS oversight, according to Roll Call. The hearing comes as the White House and congressional Democrats continue to negotiate a funding package for the Department of Homeland Security, with immigration policy remaining a key point of contention. CNBC reports the White House recently offered Democrats a new funding proposal in an attempt to avert a partial government shutdown. The legal battle over access to detention facilities underscores ongoing tensions between Congress and the executive branch regarding immigration oversight. The outcome of the funding negotiations, and the future of the notice requirement, remain uncertain.
Judge Blocks Trump Admin Policy Limiting Congressional Access to Immigration Facilities | PBS NewsHour
59