WASHINGTON — A federal judge Monday temporarily blocked a Department of Homeland Security policy that instituted a seven-day notice requirement for members of Congress to conduct oversight visits at facilities that hold immigrants, finding it likely violates appropriations law that allows for unannounced visits.
The order from Judge Jia Cobb of the District Court for the District of Columbia rejects initial arguments from the Trump administration that the separate funding stream from the tax cuts and spending package passed last year circumvents a 2019 appropriations law that allows for unannounced oversight visits to those facilities from lawmakers.
Members of Congress sued the government over the policy from Homeland Security Secretary Kristi Noem.
“Throughout this litigation, Defendants have emphasized the vast amount of money appropriated to DHS and ICE under the (One Big Beautiful Bill Act). The Court agrees that these funds are indeed staggering,” Cobb said. “But the power of the purse rests with Congress, and even a deep-pocketed agency must comply with Congress’s restrictions on the permissible uses of appropriated funds.”
The Department of Justice appealed the decision shortly after the order was given.
Monday’s decision came amid a partial government shutdown of DHS over Democrats’ concerns about enforcement tactics used by immigration agents following the deaths of two U.S. citizens in Minneapolis.
The group representing the 13 members of Congress who filed suit, Democracy Forward, praised the decision.
“Today’s ruling makes it clear that Secretary Noem cannot operate detention facilities in the shadows or silence elected officials who are doing their jobs,” Skye Perryman, president and CEO of Democracy Forward, said in a statement. “The court has once again affirmed that oversight is not optional, transparency is not negotiable, and human rights do not disappear at the doors of a detention center.”
The 13 Democratic members of Congress who sued included: Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
This policy is the third from Noem to require members of Congress to notify the agency to conduct an oversight visit. A 2019 appropriations law, referred to as Section 527, allows any member of Congress to carry out an unannounced visit to a federal facility that holds immigrants.