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For Third Time, Judge Blocks DHS Rule Requiring Week’s Notice for Lawmakers’ ICE Visits

The judge said DHS likely violated appropriations limits that protect congressional oversight.

Overview

  • U.S. District Judge Jia M. Cobb enjoined enforcement of the seven-day notification policy against any member of Congress while the case proceeds.
  • The ruling found DHS likely ran afoul of spending riders that bar using appropriated funds to hinder lawmakers’ access for oversight.
  • Cobb rejected the claim that the rule could be implemented solely with One Big Beautiful Bill Act funds and said the safety rationale lacked concrete examples.
  • DHS said it will appeal the decision and characterized the notice requirement as a commonsense safety measure.
  • The lawsuit, led by Rep. Joe Neguse and joined by 12 other House Democrats, followed January denials of entry to Reps. Ilhan Omar, Kelly Morrison, and Angie Craig at an ICE site near Minneapolis.