WASHINGTON — In a move that escalates tensions between Congress and federal authorities, Democratic lawmakers have asked a federal judge to take immediate action following the denial of access to an Immigration and Customs Enforcement (ICE) detention facility near Minneapolis. This incident occurred shortly after a federal immigration officer fatally shot Renee Good, a U.S. citizen, in the same city.
On a recent Saturday, Representatives Ilhan Omar, Kelly Morrison, and Angie Craig sought to inspect the ICE facility as part of their congressional oversight duties. They were initially permitted to enter but were asked to leave roughly ten minutes later, with officials citing a newly reinstated requirement for a week's advance notice prior to such visits.
The restricted access followed a secret move by the Department of Homeland Security (DHS) to reimpose a policy mandating a seven-day notice before members of Congress can tour immigration detention centers. This memorandum was signed by DHS Secretary Kristi Noem just one day after the aforementioned shooting incident.
This reinstatement contradicts a December 17 ruling by U.S. District Judge Jia Cobb of Washington, D.C., who previously declared it likely unlawful for ICE to enforce a week-long notice requirement for congressional inspections. Judge Cobb noted that such a policy probably exceeds the Department of Homeland Security’s legal authority.
The Democratic lawmakers, through their attorneys, have requested Judge Cobb hold an emergency hearing to assess whether this renewed policy violates her earlier injunction. The court has scheduled a hearing for Wednesday.
Lawyers representing the congressional plaintiffs emphasize the urgency, noting that the timeline coincides with critical legislative negotiations over funding for DHS and ICE. The agencies’ current appropriations are set to lapse by the end of January, underscoring the need for lawmakers to gather timely and accurate information from on-site inspections.
“This is a critical moment for oversight,” their legal filing stated. “Members of Congress must be able to conduct oversight at ICE detention facilities, without prior notice, to obtain urgent and essential information for ongoing funding negotiations.”
The conflict arises amid continuing scrutiny of ICE’s policies and practices, especially in light of heightened public attention following recent events in Minneapolis.
Judge Cobb’s previous ruling came in response to a lawsuit filed by 12 members of Congress challenging ICE’s amended policies that restricted lawmakers’ facility visits during the expansion of immigration enforcement under the prior administration. The government defended the policy, asserting that the plaintiffs lacked legal standing and that concerns about fluctuating facility conditions over a week were speculative. Judge Cobb dismissed these arguments, stating that due to changing conditions in detention centers, it is nearly impossible for legislators to accurately assess facility conditions without timely access.
The plaintiff’s attorneys also contend that laws prohibit DHS from using appropriated general funds to prevent congressional oversight visits and argue that the administration has failed to demonstrate that any funds were exempt from use in enforcing the notice policy.
At this juncture, government attorneys have not provided an immediate written response to the request for the emergency hearing.
Related developments include ongoing debates among lawmakers regarding the implications of the fatal incident involving Renee Good, as well as nationwide protests against ICE that have intensified in cities such as Minneapolis and Portland, Oregon.