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Judge Rules Against Kristi Noem Order Seeking to Block Lawmakers From Immigrant Detention Facilities

In an aerial view, inmates are seen in the courtyard at the Bluebonnet Detention Center displaying a banner saying "Help we want to be deported we are not terrorists, SOS," on May 12, 2025 in Anson, Texas.

(Photo by Brandon Bell/Getty Images)

Judge Rules Against Kristi Noem Order Seeking to Block Lawmakers From Immigrant Detention Facilities

"The Court’s decision today... against ICE’s unlawful effort to obstruct congressional oversight is a victory for the American people," said Rep. Joe Neguse.

Doubling down on a ruling from late last year, a federal judge on Monday once again rejected an effort by the Trump administration to block congressional lawmakers from accessing federal immigration detention facilities.

In the ruling, US District Judge Jia Cobb granted a temporary restraining order sought by Democratic members of the House of Representatives to overturn the US Department of Homeland Security's (DHS) policy of requiring lawmakers to give a week's notice before being granted access to US Immigration and Customs Enforcement (ICE) detention facilities.

Cobb had already overturned this DHS policy in a December ruling, arguing that it "was likely contrary to the terms of a limitations rider attached to" the department's annual appropriated funds.

However, Homeland Security Secretary Kristi Noem in January reimplemented the one-week notice policy and argued that it was now being implemented with separate funds provided to DHS through the 2025 One Big Beautiful Bill Act, which did not contain the language used in the earlier limitations rider.

Cobb rejected this argument and found that "at least some of these resources that either have been or will be used to promulgate and enforce the notice policy have already been funded and paid for with... restricted annual appropriations funds," including "contracts or agreements that predate" the passage of the One Big Beautiful Bill Act.

According to legal journalist Chris Geidner, the effect of Cobb's ruling will be that congressional oversight visits to ICE facilities will now be "allowed on request."

Rep. Joe Neguse (D-Colo.), the lead plaintiff in the case, hailed Cobb's ruling and vowed to keep putting pressure on the Trump administration to comply with the law.

"The Court’s decision today to grant a temporary restraining order against ICE’s unlawful effort to obstruct congressional oversight is a victory for the American people," said Neguse. "We will keep fighting to ensure the rule of law prevails."

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