Homeland Security Secretary Kristi Noem announced updated restrictions on congressional visits to ICE detention facilities Thursday, a day after an ICE officer shot and killed a Minnesota mother.
The big picture: As ICE's detention population swelled in 2025, so did the number of congressional visits, despite the administration's attempts to ban unannounced drop-ins. But on Saturday, three Minnesota Democrats were blocked from a facility.
- A federal judge in December already stopped an essentially identical policy, citing federal spending law that mandates access to such facilities.
- "Members of Congress have a legal right and constitutional responsibility to conduct oversight where people are being detained," Rep. Ilhan Omar (D-Minn.) posted on Saturday confirming she had been denied access. "The public deserves to know what is taking place in ICE facilities."
Driving the news: The new policy, outlined in a DHS memo and confirmed by the department, once again requires lawmakers to request visits seven days in advance. Shorter-notice requests need Noem's personal approval.
- Noem contended the new version of the policy is allowed under U.S. District Judge Jia Cobb's conclusion that funds from the "One Big Beautiful Bill Act" are not subject to the same limitations.
- "ICE must ensure that this policy is implemented and enforced exclusively with money appropriated by the OBBBA," Noem's memo reads. She alleged visits were becoming "circus-like" rather than constituting legitimate oversight.
- Assistant Secretary Tricia McLaughlin said in a statement to Axios the change ensures "the safety of staff, law enforcement, visitors, and detainees alike."
The other side: Rep. Kelly Morrison (D-Minn.), who was turned away over the weekend, said commanding officers cited the OBBBA funding workaround.
- "We are grieving here in Minnesota — people are afraid," she said on MS NOW.
- The lawmakers attempted to visit the facility after Renee Good was shot and killed in her car by ICE in an incident that's inflamed tensions locally and nationally.
Catch up quick: Cobb ruled that lawmakers can visit detention facilities unannounced because the appropriations law funding ICE prohibits DHS from using those funds to restrict access.
- "The changing conditions within ICE facilities means that it is likely impossible for a Member of Congress to reconstruct the conditions at a facility on the day that they initially sought to enter," Cobb said in her order granting a stay sought by lawmakers.
Friction point: Rep. Joe Neguse (D-Colo.), one of the lawmakers who joined the lawsuit, described the policy as "a clear attempt to subvert the ruling" Saturday.
- The members challenged the administration in court Monday, describing the "duplicate notice policy" as "a transparent attempt by DHS to again subvert Congress's will."
- In their filing, lawyers for the members questioned Noem's loophole, saying it is "deeply implausible that all DHS salaries and other expenses that have already been and will be used for the development, promulgation, communication, and implementation of the duplicate notice policy are derived exclusively from OBBBA appropriations."
- They urged the court to order the administration to explain "in detail" how the policy does not violate the prior stay and requested an emergency hearing.
Go deeper: House Dems sue ICE for blocking access to detention centers
Editor's note: This story has been updated with additional details.
