The administration has implemented a new, unlawful policy that blocks Members of Congress from obtaining the information necessary to perform their constitutional duty to ensure the Department of Homeland Security (DHS) is complying with federal law in operating ICE facilities and to oversee how billions in taxpayer dollars are being spent. 

The administration is mandating a seven-day waiting period and prohibiting members of Congress from accessing field offices where people are being detained, despite a federal law that prevents these restrictions.

The administration is detaining more individuals than ever before—over 58,000 people—and reports of mistreatment, overcrowding, unsanitary conditions, and the detention of U.S. citizens are growing.

Eleven people have died in immigration custody in the first six months of this administration. DHS’s recent mass layoffs of internal oversight personnel only deepen the concerns about this conduct and possible abuse.

Plaintiffs 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; Rep. Jason Crow; Rep. Veronica Escobar; Rep. Dan Goldman; Rep. Jimmy Gomez; Rep. Raul Ruiz; and Rep. Norma Torres.

Timeline: 

July 30, 2025 — We filed suit against U.S. Immigration and Customs Enforcement

August 8, 2025 — We filed a motion for preliminary injunction

The congressional leaders are represented by Democracy Forward Foundation and American Oversight.

The case is Joe Neguse et al. v. U.S. Immigration and Customs Enforcement et al.