Democratic Lawmakers Again Challenge Limits on ICE Detention Facility Visits

House members seek to overturn the Trump administration’s seven-day notice to visit detention centers.

Rep. LaMonica McIver (D-N.J.) (C) demands the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison in Newark, N.J., on May 9, 2025. Angelina Katsanis/AP Photo

U.S. House Democrats are again asking a federal judge to block the Trump administration’s policy requiring them to give a seven-day notice to visit immigration detention facilities for oversight visits.

The 46-page lawsuit, spearheaded by Rep. Joe Neguse (D-Colo.), claims the administration has stretched the immigration detention system beyond its capacity, creating a humanitarian crisis and deteriorating conditions while also illegally restricting their access.

The case was filed Jan. 26 in the District Court of the District of Columbia and asks the court to issue a temporary restraining order against it.

The group of lawmakers are represented by the Democracy Forward Foundation, a nonprofit legal organization, and the American Oversight nonprofit watchdog group.

“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.

The lawmakers claim the U.S. Department of Homeland Security (DHS) is attempting to get around a court order by rewriting the seven-day notification policy.

Since 2020, Congress passed yearly spending bills with provisions attached that allowed members of Congress to enter facilities without being required to give notice.

In June 2025, Homeland Secretary Kristi Noem issued a facility visitation protocol for Congress members that required them to give a seven-day notice to gain access.

The policy was issued after the high-profile indictment of New Jersey Democratic Congresswoman LaMonica McIver who was accused of assaulting, resisting, and impeding federal officers at an immigration detention center in May 2025.

McIver attempted to enter unannounced and was denied at the gate, along with the city’s mayor and other officials. She pleaded not guilty to the charges in June.

In December 2025, Judge Jia M. Cobb stayed the DHS policy after a dozen lawmakers sued after attempting to defy the new policy and being denied entry to detention centers in several states.

On Jan. 8, Noem issued a memo reinstating the seven-day notice requirement.

U.S. Homeland Security Secretary Kristi Noem (2nd L), with Louisiana Gov. Jeff Landry (3rd L) and ICE Deputy Director Madison Sheahan (L), tours “Camp 57,” a facility to house immigration detainees at the Louisiana State Penitentiary in Angola, La., on Sept. 3, 2025. Gerald Herbert/POOL/AFP via Getty Images

In her memo, Noem said the policy was needed to “ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike.”

“Unannounced visits require pulling ICE officers away from their normal duties,” Noem wrote in the memo. “Moreover, there is an increasing trend of replacing legitimate oversight activities with circus-like publicity stunts, all of which creates a chaotic environment with heightened emotions.”

Two days later, on Jan. 10, Minnesota Democratic Reps. Ilhan Omar, Kelly Morrison, and Angie Craig approached the Whipple Federal Building in Minneapolis, surrounded by news cameras, and were denied entry, prompting Neguse to file the new lawsuit, he said.

Neguse is joined by several Democratic members of the House in the lawsuit.

“Oversight is a core responsibility of Members of Congress, and a constitutional duty we do not take lightly,” Neguse and his fellow plaintiffs said in a statement. “It is not something the executive branch can turn on or off at will.”