The federal District Court in the District of Columbia (Jia M. Cobb) has issued a preliminary injunction to prevent U.S. Immigration and Customs Enforcement from interfering with Congressional visits to ICE facilities. The Court has said that ICE policies stating that field offices are not detention facilities and requiring seven days advanced notice of Congressional visits are likely unlawful.
A rider to the appropriations bill for the Department of Homeland Security, colloquially known as Section 527, has provided since 2020 that “nothing in this section may be construed to require a Member of Congress to provide prior notice to enter a facility … for the purpose of conducting oversight.”
The case was brought by 12 members of Congress who claimed that they had attempted to visit various ICE facilities without providing advance notice and had been denied entry. They argued that the government’s policies are contrary to law, in excess of statutory authority, and arbitrary and capricious under the Administrative Procedure Act.
The Court found that the plaintiffs had shown a “substantial likelihood of standing” to bring the case, that they were “adversely affected or aggrieved” by agency action, that they are likely to succeed on their substantive arguments, that they have demonstrated irreparable harm, and that the equitable factors support preliminary relief. (Neguse v. U.S. Immigration and Customs Enforcement, D. D.C., No. 25-cv-2463, 12/17/25.)
Add new comment