Judge Upholds DHS Seven-Day Notice Rule for Congressional ICE Visits

Updated 2026-01-19 23:37:21+00:00 (4 articles)

Judge Jia Cobb Refuses Temporary Injunction U.S. District Judge Jia Cobb denied a request for a preliminary injunction that would have halted the Department of Homeland Security’s seven‑day notice requirement for congressional visits to ICE detention centers, finding the plaintiffs had pursued the wrong procedural avenue and that the new policy falls outside her earlier order [1]. Her decision leaves the memo in effect while a broader constitutional challenge proceeds [1].

January 8 Memo Reinstates Seven‑Day Notice Requirement The memorandum, signed in secret by DHS Secretary Kristi Noem on January 8, restores a rule obligating members of Congress to provide a week’s notice before entering ICE facilities, marking a departure from the more permissive guidance previously in place [1]. The agency frames the memo as a fresh action, not covered by prior court rulings [1]. This change aims to standardize oversight visits amid a nationwide surge in immigration enforcement [1].

Democratic Lawmakers Face Denial and Lawsuit Three Democratic representatives from Minnesota were turned away from an ICE detention site near Minneapolis shortly after an ICE officer fatally shot U.S. citizen Renee Good, highlighting tensions over access [1]. Twelve additional Democratic lawmakers filed a lawsuit alleging the new notice rule obstructs congressional oversight of immigration enforcement [1]. The Department of Justice counters that the policy is distinct from the earlier rules the court had suspended [1].

Sources (1 articles)

[1]
AP: Judge Declines to Block DHS Policy on Lawmaker Access to ICE Facilities: Judge Jia Cobb’s refusal to block the seven‑day notice rule, the secret January 8 memo signed by Secretary Kristi Noem, the denial of entry to three Minnesota Democrats, and the lawsuit by twelve other Democrats illustrate the legal and political clash over congressional oversight of ICE .
2026-01-19 23:37:21+00:00

Timeline

July 2025 – Twelve Democratic House members, including Rep. Joe Neguse and Rep. Adriano Espaillat, file a lawsuit in Washington, D.C. alleging that ICE’s amended visitor policies and the closure of field offices obstruct congressional oversight of detention‑center conditions; they are represented by the Democracy Forward Foundation and American Oversight[4].

Dec 17, 2025 – U.S. District Judge Jia Cobb temporarily blocks a Trump‑era ICE rule that forces members of Congress to give at least seven days’ notice before entering ICE detention facilities, finding the requirement likely exceeds DHS authority and impedes timely oversight of overcrowding, sanitation and staff conduct[4].

Dec 18, 2025 – Judge Cobb issues a broader injunction halting ICE’s advance‑notice policy, stating it “creates a barrier” and causes “informational injury” by preventing real‑time inspections, and that it violates the Section 527 appropriations rider that bars DHS from using funds to block lawmakers; the order restores unannounced congressional visits while the case proceeds toward a final ruling, and DHS announces it will appeal[1][1].

Jan 8, 2026 – Homeland Security Secretary Kristi Noem signs a secret memorandum that reinstates the seven‑day notice requirement for congressional tours of ICE facilities, constituting a new agency action distinct from the policy the court previously suspended[2].

Early Jan 2026 – An ICE officer shoots and kills U.S. citizen Renee Good outside a Minneapolis ICE detention center, prompting heightened security concerns and the denial of a congressional visit by three Minnesota Democrats three days later[2].

Jan 12, 2026 – Twelve Democratic lawmakers file an emergency request with Judge Cobb for an urgent hearing on the seven‑day notice rule, arguing it blocks oversight during critical DHS/ICE funding negotiations and may violate her December order; the court schedules the hearing for Wednesday (Jan 15) and notes the funding deadline of Jan 30 adds urgency[3][3].

Jan 15, 2026 – At the emergency hearing, Judge Cobb considers whether the reinstated notice memorandum violates her prior injunction and examines the plaintiffs’ claim of “informational injury” caused by delayed access to detention facilities[3].

Jan 19, 2026 – Judge Cobb declines to issue a temporary block on the seven‑day notice policy, ruling that the Jan 8 memorandum represents a new agency action not governed by her earlier order and that the plaintiffs used the wrong procedural vehicle; the policy remains in effect while the broader challenge proceeds[2][2].

Jan 19, 2026 – The Department of Justice characterizes the Jan 8 policy as distinct from the earlier rule the court suspended, while twelve Democrats continue their lawsuit alleging obstruction of oversight amid a nationwide surge in immigration enforcement[2].

Jan 30, 2026 (deadline) – The annual appropriations deadline for DHS and ICE funding looms, creating pressure for congressional access to detention facilities before the funds expire[3].