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Judge Sides with Democrats Against Trump, Nixing Latest Limits on Lawmakers’ Access to ICE Facilities

The order restores congressional rights to conduct unannounced inspections amid reports of abuse and 30 detainee deaths in 2025, underscoring oversight's role in accountability.

  • On Monday, U.S. District Judge Jia M. Cobb granted a temporary restraining order blocking the DHS seven-day notice rule from a Jan. 8 memo by Homeland Security Secretary Kristi Noem, citing Section 527 violations.
  • Thirteen Democratic members of the U.S. House of Representatives sued after Homeland Security Secretary Kristi Noem issued the Jan. 8 memo reinstating a seven-day notice rule citing violent incidents.
  • Judge Cobb rejected DHS's fund-separation argument, citing practical challenges and noting some resources were funded with restricted annual appropriations funds.
  • The ruling allows congressional Democrats to access ICE detention centers without prior notice, restoring unannounced oversight, which Neguse called a `victory for the American people`.
  • Federal judges have flagged DHS and ICE misrepresentations, fueling ongoing judicial oversight amid hundreds of immigration lawsuits, as courts act as a check on enforcement practices.
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The ruling reaffirms the right and duty of members of Congress to conduct unannounced inspections of alarming reports of abuse

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The Dispatch broke the news in on Monday, February 2, 2026.
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