A federal judge in the District of Columbia has temporarily blocked a Department of Homeland Security policy requiring members of Congress to give seven days’ advance notice before visiting immigration detention facilities.
The judge ruled that lawmakers challenging the policy are likely to succeed in their case.
U.S. District Judge Jia M. Cobb issued the ruling Monday, granting a request by 13 House members who sued DHS and U.S. Immigration and Customs Enforcement over limits placed on congressional oversight visits.
The judge ordered a stay of the policy pending further review of the case.
The dispute centers on a DHS directive reinstated Jan. 8 by Homeland Security Secretary Kristi Noem requiring members of Congress to provide a week’s notice before entering immigration detention facilities.
Lawmakers argued the requirement violates a long-standing congressional appropriations provision that bars the department from using federal funds to block lawmakers from conducting oversight visits.
Cobb agreed the policy likely conflicts with that provision, known as Section 527, which states that no funds appropriated to DHS may be used to prevent members of Congress from entering detention facilities for oversight purposes and explicitly says lawmakers do not need to provide prior notice.
The administration argued the renewed policy was lawful because it was funded through a separate 2025 spending measure known as the "One Big Beautiful Bill Act," which provided tens of billions of dollars for immigration enforcement and detention operations.
But the court found DHS likely used funds from its regular annual appropriations, which are subject to Section 527, to create and implement the notice requirement.
The judge also concluded the department could not simply shift those costs to the newer funding source because the law limits how the reconciliation funds may be spent.
"The power of the purse rests with Congress," Cobb wrote, adding that agencies must follow the restrictions lawmakers place on appropriated funds.
The lawsuit was first filed in 2025 after Immigration and Customs Enforcement began requiring advance notice and restricting access to certain facilities.
The court had previously paused an earlier version of the policy in December, finding it likely unlawful.
Lawmakers said the rule interfered with their ability to conduct real-time oversight of detention conditions and immigration enforcement practices.
The judge agreed that delaying visits could cause irreparable harm because conditions inside facilities may change during the notice period.
Under the ruling, the Jan. 8 policy and a Feb. 2 memorandum attempting to reaffirm it cannot be enforced while the case proceeds.
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