January 8, 2026
DHS requires 7-day notice for congressional ICE visits
Trump administration blocks oversight after ICE shooting of Renee Good
🏛️Government✊Civil Rights🛂Immigration
The Trump administration's Department of Homeland Security implemented a policy requiring members of Congress to provide seven days' advance notice before visiting Immigration and Customs Enforcement (ICE) detention facilities for oversight. A federal judge temporarily blocked this requirement on December 17, 2025, ruling it likely exceeds DHS statutory authority and violates federal appropriations law (Section 527) granting Congress unannounced inspection rights. However, DHS Secretary 
Kristi Noem reinstated the policy on January 8, 2026—one day after an ICE officer fatally shot a U.S. citizen in Minneapolis. Democratic Representatives 
Ilhan Omar, Angie Craig, and 
Kelly Morrison were subsequently blocked from visiting the Minneapolis ICE facility. Twelve Democratic House members sued, arguing the policy prevents constitutionally-mandated oversight during mass deportation operations. The policy says only Secretary Noem can waive the seven-day requirement, giving her personal control over congressional access.
The Department of Homeland Security under the Trump administration issued a policy in June 2025 requiring members of Congress to provide seven days' advance notice before visiting Immigration and Customs Enforcement (ICE) detention facilities. The policy stated that only the Homeland Security Secretary could waive the requirement.
On December 17, 2025, U.S. District Judge Jia Cobb temporarily blocked the seven-day notice requirement, ruling it likely violates federal law and exceeds DHS statutory authority. The judge sided with twelve Democratic lawmakers who sued, arguing Section 527 of federal appropriations law grants Congress the right to unannounced oversight visits to detention facilities.
DHS Secretary Kristi Noem reinstated the seven-day notice policy on January 8, 2026—one day after an ICE officer fatally shot a U.S. citizen during operations in Minneapolis. Democratic lawmakers argued the timing revealed the policy's intent to shield ICE from accountability during controversial enforcement actions.
On January 11, 2026, Democratic Representatives Ilhan Omar, Angie Craig, and Kelly Morrison of Minnesota were blocked from visiting the ICE facility at the Whipple Building in Minneapolis due to the revived seven-day notice requirement. The representatives sought to investigate the fatal shooting and broader ICE enforcement practices targeting immigrant communities.
Attorneys for the blocked representatives asked Judge Cobb to hold an emergency hearing, arguing that Noem's reinstated policy violates the December 17 court order. They emphasized the urgency tied to ongoing negotiations for DHS and ICE funding, with appropriations due to expire on January 30, 2026.
Congressional staff also faced restrictions: the policy requires 24 hours' advance notice for staff visits to detention facilities, even though federal law grants them oversight access. Senators including Jon Ossoff documented instances where ICE arbitrarily demanded seven-day notice for their staff during oversight investigations.
The policy creates significant barriers to congressional oversight precisely when ICE operations intensified under Trump's "Operation Metro Surge" and other mass deportation initiatives. Democratic lawmakers argued the restrictions prevent them from documenting civil rights violations, dangerous conditions, and potential abuses during the administration's immigration crackdown.
🏛️Government✊Civil Rights🛂Immigration
People, bills, and sources
Kristi Noem
Secretary of Homeland Security
Ilhan Omar
U.S. Representative (D-MN)
Kelly Morrison
U.S. Representative (D-MN)
Angie Craig
U.S. Representative (D-MN)
Judge Jia Cobb
U.S. District Court Judge (D.C.)
Adriano Espaillat
U.S. Representative (D-NY), Congressional Hispanic Caucus Chair
Tricia McLaughlin
Assistant DHS Secretary
What You Can Do
1
civic action
Demand House Judiciary hearing on DHS court order defiance
Contact House Judiciary Committee to investigate DHS's funding loophole strategy to circumvent Judge Cobb's December ruling protecting congressional oversight rights
Hi, I'm calling to demand a House Judiciary hearing on DHS defiance of the December court order.
Key points to mention:
- Judge Cobb blocked the 7-day notice policy in December as violating federal law
- DHS issued an identical Jan. 8 policy claiming a funding loophole
- Minnesota lawmakers were denied entry to Minneapolis ICE facility on Jan. 11
- Federal law guarantees unannounced congressional oversight of detention facilities
Questions to ask:
- Will the committee investigate DHS's use of alternative funding to bypass court orders?
- What enforcement mechanisms exist when executive agencies defy judicial rulings?
Specific request: I want the committee to hold hearings on DHS's court order defiance and establish penalties for agencies that create funding loopholes to evade judicial oversight.
Thank you for your time.
2
civic action
Support Democracy Forward Foundation lawsuit
Contact Democracy Forward and American Oversight to offer support for their Jan. 12 court filing seeking clarity on why DHS guidance doesn't violate Section 527
I'm reaching out to support your Jan. 12 court filing challenging DHS's 7-day notice policy.
Key points to mention:
- DHS 'secretly' imposed the new guidance to bypass December court ruling
- Minnesota lawmakers were denied access on Jan. 11
- Section 527 prohibits preventing congressional oversight
- The funding loophole strategy threatens separation of powers
Specific request: I want to offer support for the lawsuit and can provide connections to affected constituents or amplify the legal challenge through advocacy networks.
Thank you for your work protecting congressional oversight.
3
civic action
Demand Senate Homeland Security hearing on funding loophole
Contact Senate Homeland Security Committee to close the One Big Beautiful Bill Act loophole DHS exploits to restrict congressional oversight
Hi, I'm calling to demand a Senate Homeland Security hearing on DHS's funding loophole.
Key points to mention:
- DHS claims One Big Beautiful Bill Act funding exempts ICE from oversight law
- Section 527 prohibits preventing congressional facility access
- Judge Cobb ruled the 7-day notice policy violates federal law
- DHS is exploiting alternative funding sources to evade judicial oversight
Questions to ask:
- Will the committee close the funding loophole DHS exploits?
- Can Congress clarify that oversight requirements apply regardless of funding source?
Specific request: I want the committee to amend appropriations law to explicitly state that congressional oversight rights apply to all facilities regardless of funding source.
Thank you for your time.