Judge Allows DHS Policy Requiring Lawmakers to Give Notice Before Visiting ICE Facilities

The judge said the plaintiffs used the ‘wrong procedural vehicle’ to challenge the Department of Homeland Security’s policy.

Rep. Bonnie Watson Coleman (D-N.J.) speaks with an officer outside an ICE detention facility in Newark, N.J., on May 9, 2025. AP Photo/Angelina Katsanis

A federal judge on Jan. 19 declined to block the Department of Homeland Security (DHS) from enforcing a policy requiring members of Congress to give seven days of advance notice before visiting Immigration and Customs Enforcement (ICE) detention facilities.

The order stems from a lawsuit brought by 12 lawmakers, including Rep. Joe Neguse (D-Colo.), seeking to challenge a DHS policy issued in June 2025 that requires congressional staff to give advance notice before visiting ICE detention centers. The plaintiffs argued that the policy interferes with Congress’s constitutional oversight authority.