A federal judge refused to block a new policy by the Department of Homeland Security (DHS) requiring members of Congress to notify immigration detention facilities of their intention to visit at least one week prior. The judge explained the DHS didn’t violate any earlier court order when it reimposed the seven-day notice requirement. Additionally, the judge stressed the ruling isn’t on the legality of the change itself but that plaintiffs challenged it under the wrong pretenses.

The plaintiffs filed the lawsuit after three Congress members from Minnesota were blocked from visiting an Immigration and Customs Enforcement (ICE) facility near Minneapolis in January, 2026. Previously, the judge ruled ICE demanding a week’s notice from Congress members wanting to visit immigration detention facilities. The plaintiffs argued that ICE and the DHS didn’t disclose the new policy until the members of Congress were denied entry into the building.

The DHS cannot use general funds to prevent members of Congress from entering immigration detention facilities for oversight purposes. Currently, ICE and the DHS are negotiating funding for the next fiscal year. This makes it difficult to determine if allocated general funds were misused. Regardless, the judge explained that they were denying the case primarily due to the plaintiffs’ argument. The ruling only applies to the specific lawsuit and isn’t an endorsement of the policy as a whole.

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