Washington, D.C. — A federal court today ordered the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to restore members of Congress’s unannounced visits to conduct oversight of detention facilities. The ruling enforces federal law and reaffirms Congress’s authority to investigate detention conditions and ensure accountability, including during a lapse in appropriations.
After the court stayed a DHS policy requiring members of Congress to provide prior notice of oversight visits to ICE facilities in December, and following the fatal shooting of a U.S. citizen by a federal agent in Minnesota, DHS Secretary Kristi Noem secretly reinstated the requirement through a previously undisclosed memorandum. The memo came to light only after multiple members of Congress were denied entry to an ICE facility in Minnesota despite presenting a valid court order.
On February 2, 2025, the court granted a motion for a temporary restraining order filed by Democracy Forward and American Oversight on behalf of 13 members, following unlawful denials of entry under the new DHS memo. Those denials of entry directly interfere with Congress’s right and duty to investigate detention conditions, ensure compliance with the law, and respond to rising reports of abuse and violence inside detention centers.
Shortly thereafter, plaintiffs sought relief to restore oversight to all members of Congress. Today’s ruling restores all members’ ability to enter detention facilities in real time and investigate conditions that include overcrowding, shackling, denial of medical care, and lack of access to counsel.
“Once again, a federal court has ruled to restore Members of Congress’s ability to conduct essential oversight on behalf of the American people — despite repeated attempts by Secretary Noem to subvert the law. This is yet another victory against an administration whose cruel and inhumane immigration policies have inflicted a heavy toll on communities across the nation. We will never stop standing up for transparency and accountability, and we will continue to make clear that no president or administration can bend the rule of law to their will,” said Congressman Joe Neguse.
“The president continues to try to convince the American people not to believe what they can see: a government abusing its power behind closed doors,” said Skye Perryman, President and CEO of Democracy Forward. “The Trump-Vance administration’s effort to hide detention conditions and block congressional oversight is not just an optics strategy – it is an attempt to evade accountability for policies that are cruel, unlawful, and deeply unconstitutional. Today’s ruling makes it clear that Secretary Noem cannot operate detention facilities in the shadows or silence elected officials who are doing their jobs. The court has once again affirmed that oversight is not optional, transparency is not negotiable, and human rights do not disappear at the doors of a detention center.”
“We applaud today’s ruling, which delivers the unmistakable message that the Trump administration cannot dodge oversight simply because accountability is inconvenient,” said Chioma Chukwu, Executive Director of American Oversight. “Congress’s authority to conduct oversight of immigration detention facilities isn’t optional — it’s the law. As more reports of abuse and deaths in ICE custody surface, oversight becomes a moral imperative — essential to protecting both human life and preserving constitutional order. The court’s decision also makes clear that the administration cannot evade accountability by repackaging the same misconduct and calling it by a different name — not today, not tomorrow, not ever.”
Plaintiffs in the case include Assistant Democratic Leader Joe Neguse; Congressional Hispanic Caucus Chair Rep. Adriano Espaillat; Homeland Security Committee Ranking Member Rep. Bennie G. Thompson; Judiciary Committee Ranking Member Rep. Jamie Raskin; House Oversight and Government Reform Committee Ranking Member Rep. Robert Garcia; House Homeland Security Committee Subcommittee on Border Security and Enforcement Ranking Member Rep. J. Luis Correa; and Reps. Jason Crow, Veronica Escobar, Dan Goldman, Jimmy Gomez, Kelly Morrison, Raul Ruiz, and Norma Torres.
The case is Joe Neguse et al. v. Immigration and Customs Enforcement, et al. Democracy Forward’s legal team includes Christine Coogle, Lisa Newman, Jodie Morse, Paul Wolfson, and Brian Netter.
Read the memorandum in support of the order here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
