Federal judge refuses to block ICE restrictions on congressional visits

A federal judge refused to block the Trump administration from enforcing a new policy requiring members of Congress to give a week’s notice before visiting immigration detention facilities. 

The ruling from U.S. District Judge Jia Cobb in Washington, D.C., comes after Rep. Ilhan Omar, D-Minn., said she and other Minnesota lawmakers were kicked out of an Immigration and Customs Enforcement (ICE) facility in Minneapolis on Saturday, Jan. 10. They were asked to leave the facility after being informed about the Trump administration rule governing lawmaker visits. 

Plaintiffs' attorneys representing several Democratic members of Congress asked Cobb to intervene, but the judge ruled Monday that they used the wrong "procedural vehicle" to challenge it. The judge also concluded that the Jan. 8 policy is a new Department of Homeland Security action that isn't subject to her prior order in the plaintiffs' favor. 

"The Court emphasizes that it denies Plaintiffs’ motion only because it is not the proper avenue to challenge Defendants’ January 8, 2026, memorandum and the policy stated therein, rather than based on any kind of finding that the policy is lawful," Cobb wrote.

HOUSE DEMOCRATS ASK JUDGE TO BLOCK NOEM'S REVIVED ICE VISIT RULE, SAY DHS DEFIED COURT ORDER

Last month, Cobb temporarily blocked an administration oversight visit policy. She ruled on Dec. 17 that it is likely illegal for ICE to demand a week’s notice from members of Congress seeking to visit and observe conditions in ICE facilities. 

A day after Renee Nicole Good’s death in Minneapolis, U.S. Department of Homeland Security Secretary Kristi Noem quietly signed a new memorandum reinstating another seven-day notice requirement, according to The Associated Press.  

Plaintiffs’ lawyers from the Democracy Forward legal advocacy group said DHS didn't disclose the latest policy until after Reps. Omar, Kelly Morrison and Angie Craig were turned away from an ICE facility in the Minneapolis federal building.

Democracy Forward spokeswoman Melissa Schwartz said they were reviewing the judge's latest order. 

"We will continue to use every legal tool available to stop the administration’s efforts to hide from congressional oversight," she said in a statement to the AP. 

ILHAN OMAR KICKED OUT OF ICE FACILITY AFTER DHS REQUIRES WEEK'S ADVANCE NOTICE

House Democrats asked the judge earlier this month to block the new directive from 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, a federal spending law provision that prohibits DHS from using appropriated funds to prevent congressional access to these facilities.

In December, Cobb 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."

Plaintiffs’ attorneys from the Democracy Forward Foundation said the administration hasn’t shown that none of those funds are being used to implement the latest notice policy.

Justice Department attorney Amber Richer said the Jan. 8 policy signed by Noem is distinct from the policies that Cobb suspended last month, the AP reported.

Fox News Digital’s Anders Hagstrom, Breanne Deppisch and The Associated Press contributed to this report.