The Department of Homeland Security (DHS) can’t bar lawmakers from visiting Immigration and Customs Enforcement (ICE) detainment facilities unannounced. The ruling blocks a DHS policy requiring lawmakers requiring Congress members give a notice at least one week prior. This means ICE and DHS officials can’t impede site visits even if lawmakers arrive unannounced.

Historically, members of Congress could arrive unannounced at any ICE detention site for visits. Specifically, for facilities regularly funded by Congress. A DHS memo reversed this policy in a memo published on January 8, 2026. The new policy mandated Congress members notify ICE at least one week before their intended visit. DHS cited the One Big Beautiful Bill Act as legal justification for the change.

In response, a federal judge blocked the policy on March 2, 2026. The judge explained that DHS couldn’t restrict Congress members’ visits due to block using Congressional funding. The decision came in response to ICE agents turning away Congress members from a facility in Minnesota after an increase in immigration enforcement operations.

This is the third time a federal judge blocked restrictions on visits by Congress members. The main difference this block has from the previous two is that it blocks all restrictions. The ruling is part of wider trend of judges holding immigration authorities accountable for not complying with court orders.

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