Homeland Security Secretary Kristi Noem during a roundtable discussion with local ranchers and U.S. Customs and Border Protection personnel on January 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)
WASHINGTON (AP) — Members of Congress sought a federal judge’s ruling Thursday to block another Department of Homeland Security directive that required lawmakers to be notified to conduct inspection visits at immigrant detention centers.
The guideline is this third from DHS Secretary Kristi Noem on the subject, and it is almost identical to the previous two.
Noem’s guidelines include a novel requirement that members of Congress notify DHS seven days in advance before conducting an inspection visit to a facility housing immigrants, although a 2019 budget law allows unannounced visits by lawmakers.
On February 2, U.S. District Judge Jia Cobb blocked a seven-day notification policy that Noem ordered a day after the fatal shooting of Renee Good by an immigration officer in Minneapolis on Jan. 7.
On the same day as Cobb’s ruling, Noem issued a nearly identical directive after Democrats said they would refuse to approve novel DHS funding unless changes were made in enforcement tactics after two Customs and Border Protection officers fatally shot Alex Pretti for a second time.
In case of disagreement between both parties and Thursday’s vote failed to move forward Due to fiscal year 2026 Homeland Security Act funding, the agency will be closed beginning Saturday morning.
But even if DHS closes, Immigration and Customs Enforcement still has $75 billion in funding due to the tax cuts and spending package signed into law last year.
Agency will be closed
Justice Department lawyers argued Thursday that DHS is being shut down, the budget law is expiring at the end of the week and therefore the unannounced oversight provision for members of Congress is no longer in effect.
A lawyer for the congresswoman, Christine L. Coogle, rejected that argument, saying just because the funds are running out doesn’t mean the law, which plays a major role in the Homeland Security funding bill, will.
“The law itself is not expiring,” she said. “And so the Oversight Rider remains on the books.”
Cobb said she would extend her fleeting restraining order until March 2 or until her decision, whichever comes first.
Visits refused
Under a 2019 appropriations bill, any member of Congress can conduct an unannounced visit to a federal facility housing immigrants (Section 527). But in June, several Democrats were denied visits to ICE facilities and filed suit.
“What we’re really seeking here is a return to the status quo,” Coogle said in court Thursday.
In December, Cobb granted a request to suspend Noem’s policies because they violated the 2019 law.
But in the second Noem’s directive issued Jan. 8 argued that because ICE facilities utilize money from the Republican spending and tax cuts bill known as the “One, Big Beautiful Bill” rather than the DHS appropriations bill, these facilities are exempt from unannounced inspection visits by members of Congress.
Cobb rejected that Trump administration argument earlier this month and temporarily blocked the policy for plaintiffs in the case.
House Democrats who have sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
