The clock is ticking for Republicans to make an acceptable compromise with Democrats on reforming immigration enforcement before Department of Homeland Security funding runs out — but Secretary Kristi Noem has already acted to retaliate against Democrats for the lack of permanent funding.
According to a public filing first flagged on X by legal analyst Chris Geidner, Noem is moving to suspend recognition of Section 527, a rule predating the Trump administration that allows members of Congress to visit Immigration and Customs Enforcement detention facilities without prior notice. Noem will instead institute a policy requiring one week's notice for any visit, which could allow DHS to conceal any potential rights abuses ahead of any visit.
Noem has attempted to put a similar policy in place before, but members of Congress sued for access, and U.S. District Judge Jia Cobb, an appointee of former President Joe Biden, shut this change down.
But the secretary now argues that when the main appropriations for DHS expired at the end of January, Section 527 expired along with them, giving her power to implement the restriction again.
"On February 2, 2026, in Neguse v. ICE, a judge in the U.S. District Court for the District of Columbia temporarily enjoined DHS from enforcing that policy or otherwise requiring any plaintiff to provide advance notice before conducting oversight visits for a period of 14 days," said the new memorandum. "The court concluded that DHS's policy remains inconsistent with Section 527(b) of the Department's appropriation. It is odd that the court issued this decision given the appropriation containing Section 527(b) lapsed on January 31, 2026."
"As a result of the lapse, Section 527 is not currently in effect," the memorandum continued. "Therefore, as of this date, I am issuing this new policy that is identical in substance to the January 8 access policy. The General Counsel will provide further guidance regarding the effective date of this policy in light of the court's order."
