DHS requires 7-day notice for congressional ICE visits

The Department of Homeland Security under the Trump administration issued a policy in Jun. 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 Dec. 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 Jan. 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 Jan. 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 Dec. 17 court order. They emphasized the urgency tied to ongoing negotiations for DHS and ICE funding, with appropriations due to expire on Jan. 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.