House Democrats returned to federal court on Monday after the Department of Homeland Security, led by Secretary Kristi Noem, quietly revived a policy that effectively blocks unannounced congressional oversight visits to Immigration and Customs Enforcement (ICE) detention facilities.
The dispute centers on whether members of Congress can conduct so called “drop in” inspections of ICE facilities without advance notice. In a July 2025 lawsuit, a group of House Democrats argued that ICE had unlawfully required lawmakers to give advance notice before touring detention sites and certain offices, interfering with Congress’s oversight responsibilities.
U.S. District Judge Jia Cobb temporarily blocked the administration from enforcing a seven-day notice requirement last month, concluding it was likely illegal and exceeded DHS’s statutory authority. Cobb also wrote that “The changing conditions within ICE facilities means that it is likely impossible for a Member of Congress to reconstruct the conditions at a facility on the day that they initially sought to enter.”
However, according to court filings and lawmakers’ statements, Noem signed a new memorandum reinstating a seven-day notice rule for congressional visits, with exceptions requiring her personal approval. The updated policy was dated Jan. 8 and later submitted in federal court.
The clash moved from legal briefing to real world flashpoint over the weekend, when three Minnesota Democrats, Reps. Ilhan Omar, Angie Craig and Kelly Morrison, attempted to visit an ICE facility in a federal building in Minneapolis. They were initially allowed inside, then told to leave about 10 minutes later, with officials citing the newly revived notice policy.
Attorneys for the Reps. Omar, Craig, and Morrison asked Judge Cobb for an emergency hearing and urged the court to determine whether the revived notice policy violates the December order. Cobb scheduled a hearing for Wednesday.
In their filing, the plaintiffs argued the issue is urgent in part because Congress is in active negotiations over DHS and ICE funding. The judge reportedly told lawmakers need the ability to conduct real time oversight during budget talks, with DHS appropriations due to expire on January 30.
DHS reportedly described the surge in unannounced visits as disruptive, and said the policy is intended to ensure “the safety of staff, law enforcement, visitors, and detainees alike.” In a separate statement announcing the return to court, Rep. Norma Torres and other plaintiffs said DHS is “attempting to get around” the December order by re imposing the same unlawful policy and reiterated that oversight is a constitutional duty.
