A federal court ordered the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to reinstate unannounced access for members of Congress to immigration detention centers, reaffirming the constitutional authority of the Legislative Branch to oversee these facilities.

Federal Judge Jia Cobb granted an emergency injunction to in favor of 13 Democratic lawmakers who sued the Department of Homeland Security (DHS) after being denied entry to ICE detention centers, despite having legal authorization. The ruling determines that the agency likely violated the law by requiring one week's notice for oversight visits. The decision comes after the court blocked a similar DHS policy in December for violating Section 527, a federal provision that guarantees lawmakers unrestricted access to detention centers. However, Homeland Security Secretary Kristi Noem reinstated the advance notice requirement through a memo that was not publicly released and only came to light after several incidents in Minnesota where members of Congress were denied access. According to the ruling, the use of federal funds to implement this advance notice policy is illegal, as Congress expressly prohibited using those resources to limit legislative oversight. Judge Cobb concluded that DHS failed to credibly demonstrate that it could separate the funds approved under a new budget law, known as the One Big Beautiful Bill Act, from those restricted by Section 527. With this ruling, the plaintiff legislators will be able to re-enter detention centers in real time, interview detainees, and document conditions such as overcrowding, the use of shackles, lack of medical care, and obstacles to accessing legal counsel. Civil rights organizations point out that this oversight is crucial given the increase in complaints of abuse, neglect, and deaths in ICE custody.

“The ruling reaffirms that no administration is above the law and that accountability is essential, especially when it comes to the lives and dignity of detainees,” said legal representatives for Democracy Forward and American Oversight, the organizations that brought the case to court.

The plaintiffs include Representative Joe Neguse, Congressional Hispanic Caucus Chairman Adriano Espaillat, and several Democratic leaders of key House committees. The case, Joe Neguse et al. v. Immigration and Customs Enforcement, remains in court as the next legal steps are assessed.