By Ginika Igboke
U.S. House Democrats have again asked a federal judge to block a Trump administration policy that requires members of Congress to provide seven days’ notice before conducting oversight visits at immigration detention facilities.
The 46-page lawsuit, led by Rep. Joe Neguse (D-Colo.), was filed Jan. 26 in the U.S. District Court for the District of Columbia. It asks the court to issue a temporary restraining order halting enforcement of the policy. The plaintiffs are represented by the Democracy Forward Foundation and the American Oversight watchdog group.
The suit argues that the administration has pushed the immigration detention system beyond capacity, resulting in worsening conditions and what lawmakers describe as a humanitarian crisis, while unlawfully restricting congressional oversight.
“This threat to the rule of law and our system of checks and balances should concern every single American,” said Democracy Forward Foundation President Skye Perryman.
Lawmakers contend that the Department of Homeland Security (DHS) is attempting to sidestep a prior court order by rewriting the seven-day notice requirement. Since 2020, annual congressional spending bills have included provisions allowing members of Congress to enter detention facilities without advance notice.
In June 2025, DHS Secretary Kristi Noem issued new visitation protocols requiring lawmakers to give seven days’ notice before entering immigration detention centers. The policy followed the indictment of New Jersey Rep. LaMonica McIver, a Democrat accused of assaulting, resisting, and impeding federal officers at a detention facility in May 2025.
McIver had attempted to enter the facility without notice and was turned away along with the city’s mayor and other officials. She pleaded not guilty to the charges in June.
In December 2025, U.S. District Judge Jia M. Cobb stayed the DHS policy after a dozen lawmakers sued, saying they were denied entry to detention facilities in multiple states after attempting unannounced visits.
On Jan. 8, Noem reinstated the seven-day notice requirement through a department memo, arguing that the policy is necessary to ensure safety.
“Unannounced visits require pulling ICE officers away from their normal duties,” Noem wrote. She also criticized what she described as “circus-like publicity stunts” replacing legitimate oversight activities and creating chaotic, high-emotion environments.
Two days later, on Jan. 10, Minnesota Democratic Reps. Ilhan Omar, Kelly Morrison, and Angie Craig attempted to enter the Whipple Federal Building in Minneapolis while accompanied by news cameras and were denied access. Neguse said that incident prompted the latest lawsuit.
Neguse and other House Democrats joining the case said congressional oversight is a constitutional responsibility.
“Oversight is a core responsibility of Members of Congress, and a constitutional duty we do not take lightly,” the lawmakers said in a joint statement. “It is not something the executive branch can turn on or off at will.”