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House Democrats asked a federal judge on Monday to block a new directive from DHS Secretary Kristi Noem requiring advance notice for congressional oversight visits to ICE detention facilities, arguing in a court filing that the policy is politically motivated and violates federal spending law and a prior court stay.
Last year, Democrats had sued to block the seven-day notice requirement, arguing that the restrictions on ICE detention centers violate Section 527, or a federal spending law provision that prohibits DHS from using appropriated funds to prevent congressional access to these facilities.
U.S. District Judge Jia Cobb in December temporarily stayed the DHS restrictions from taking force “[u]nless and until Defendants show that no Section 527 funds are being used for these purposes.”
But, as Democrats’ emergency motion notes, Noem last week issued a new directive requiring members of Congress to again provide seven days of notice before visiting the ICE facilities.
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The Capitol Building at sunset on Jan. 30, 2025 (Emma Woodhead/Fox News Digital)
Lawmakers cited the timing of the action, noting it came one day after an ICE officer was involved in a politically charged fatal shooting. The incident remains under federal investigation.
Noem has said the directive is legally sound, as it would be funded exclusively through the “One Big Beautiful Bill Act” (OBBBA), rather than an annual appropriation – thus freeing it from apparent Section 527 restrictions.
Democrats disagreed. They argued in the filing Monday that the action breaks with Cobb’s order, and noted it is nearly impossible for DHS to have developed and implemented a new policy since December using “exclusively” OBBBA funds.
Lawmakers asked the judge to order a “show cause” requiring DHS to explain how the duplicate policy complies with Section 527 requirements, and the court’s earlier stay, and to hold an emergency hearing to evaluate the memo as soon as possible.
“Defendants’ duplicate notice policy once again obstructs congressional oversight of ICE detention facilities at a time of continuing reports of increasingly violent behavior by ICE in communities across the country,” the group said in a press release obtained by Fox News Digital.
“Most immediately, the current continuing resolution will expire before the end of this month, and members of Congress are actively negotiating the appropriate levels of appropriations for DHS and ICE, including any limitations on DHS’s funding.”
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DHS Secretary Noem joined ICE and other agents on operations in Phoenix, Arizona on April 8, 2025. (Secretary Noem X)
Plaintiffs in the case, represented by Democracy Forward and American Oversight, include a dozen House Democrats, including the second-ranking Democratic leader, Rep. Joe Neguse (D-Colo), Congressional Hispanic Caucus Chairman Adriano Espaillat, and the ranking Democrats from the House Homeland Security Committee, the House Judiciary Committees, and the House Oversight Committees, among others.
“The ability of members of Congress to continue conducting timely and thorough oversight of ICE detention facilities is critical to these negotiations and provides necessary information that allows members to propose legislation or other constraints on appropriations to hold ICE accountable for its actions and conditions in detention facilities,” the group said in a statement Monday.
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The E. Barrett Prettyman United States Court House is seen early morning on Dec. 10, 2024, in Washington, D.C. (David Ake/Getty Images)
DHS, for its part, doubled down on the legality of its action.
“Because all ICE detention facilities are funded through the One Big Beautiful Bill Act, Secretary Noem issued this guidance to ensure that DHS and ICE comply with existing court orders,” DHS Assistant Secretary McLaughlin told Fox News Digital in a statement.
“A previous court order stated that funding appropriated to DHS by Congress cannot be used to prevent Members of Congress from entering facilities. However, the court also ruled that funding derived from the One Big Beautiful Bill Act is exempt from this limitation.”
DHS stressed the effort was made “to ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike.”
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“Unannounced visits require pulling ICE officers from their normal duties. This guidance has been issued to protect all parties and ensure that ICE and DHS are fully cooperating with lawful court orders.”
