Judge refuses to end Trump policy blocking lawmakers from visiting ICE facilities unannounced

Washington DC - A federal judge recently permitted a policy implemented by President Donald Trump's administration that blocks lawmakers from visiting Immigration and Customs Enforcement (ICE) facilities without prior permission.

On Monday, a federal judge refused to block a Trump administration policy that bars lawmakers from visiting ICE detention facilities without permission.
On Monday, a federal judge refused to block a Trump administration policy that bars lawmakers from visiting ICE detention facilities without permission.  © STEPHEN MATUREN / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Last week, a group of Democratic lawmakers filed a lawsuit against the Trump administration that sought to overturn a policy requiring lawmakers to give seven days' notice prior to visiting a detention center.

The lawmakers argued that the administration continuing to carry out the policy violated a previous court order issued last month that blocked a similar policy.

In response, Judge Jia Cobb issued an order on Monday, in which she did not discuss the merits of the arguments, but instead concluded the previous order, which she issued, did not apply to this case.

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The judge further instructed the plaintiffs to revise their suit – as they had used the "wrong procedural vehicle" – allowing the policy to temporarily remain.

"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," Judge Cobb wrote.

Democratic lawmakers tried surprise visit to Minnesota ICE facility

The suit came after a group of Democratic lawmakers – which included Representatives Angie Craig, Ilhan Omar, and Kelly Morrison – were denied access to an ICE facility in Minnesota during a surprise visit on January 10, days after an ICE agent fatally shot a US citizen in Minneapolis.

While the Trump administration had rescinded the visitation policy following the previous court order, the Department of Homeland Security (DHS) reinstated it shortly before their visit, which the lawmakers described as "a transparent attempt by DHS to once again subvert Congress' will."

In a memo shared earlier this month, DHS Secretary Kristi Noem defended the policy, arguing it was necessary "to ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike."

Cover photo: STEPHEN MATUREN / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

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