Search
Close this search box.

US Judge Halts Advance Notice Rule for Congressional Oversight of ICE Facilities

Washington: A US federal judge has blocked a policy from the Trump administration that mandated members of Congress to provide advance notice before inspecting Immigration and Customs Enforcement (ICE) detention facilities. The judge ruled that this policy likely contravened federal law.

According to Anadolu Agency, District Court Judge Jia Cobb, based in Washington, DC, highlighted that an appropriations statute prohibits the Department of Homeland Security (DHS) from using funds to enforce a requirement that lawmakers must give prior notice of their intent to visit a facility for oversight purposes. Cobb's decision emphasized that the appropriations law grants Members of Congress access to ICE facilities without needing to adhere to a notice requirement.

The policy, introduced by DHS in June, stipulated that lawmakers must request visits at least seven days in advance, with waivers being granted solely by Homeland Security Secretary Kristi Noem. Historically, ICE allowed unannounced congressional visits before this rule was implemented.

The ruling is the result of a lawsuit initiated by Democracy Forward Foundation and American Oversight on behalf of twelve Democratic lawmakers. These lawmakers argued that DHS unlawfully obstructed their efforts to inspect ICE facilities. New York Representative Dan Goldman, one of the plaintiffs, stated that the decision reinforces lawmakers' statutory right to conduct oversight. He criticized the conditions within the facilities, describing them as 'inhumane' and 'unconstitutional.'

Moreover, the order paused a separate administration claim asserting that ICE field offices are not classified as detention centers and thus are exempt from congressional oversight. Democrats have contested this claim, noting that detainees have been held in such facilities for extended periods in various cities, including New York.

This ruling arrives amid record-high numbers in ICE detention. As of November 30, ICE was holding approximately 66,000 individuals across the nation, the highest total ever recorded. CBS News, citing ICE figures, reported that about 47% of those detained were held solely for civil immigration violations.