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Appeals court judges sound skeptical of ICE's seven-day notice rule for lawmakers' visits
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit appeared doubtful on Tuesday of the Trump administration's bid to make members of Congress give a week's notice before visiting immigration detention facilities, a policy a lower court has twice blocked.
Federal appeals judges in Washington appeared skeptical on Tuesday of the Trump administration's effort to require members of Congress to give advance notice before visiting immigration detention facilities, as they weighed whether to revive a policy a lower court has twice blocked.
The Department of Homeland Security introduced the rule in 2025, requiring lawmakers to give at least seven days' notice before visiting facilities run by Immigration and Customs Enforcement and citing significant, sometimes violent incidents at detention centers. A group of 13 Democratic lawmakers from California, Colorado, Maryland, Mississippi, New York and Texas sued, arguing that a federal spending law expressly bars DHS from requiring advance notice for oversight visits.
The question of standing
Much of the argument before the three-judge panel of the U.S. Court of Appeals for the D.C. Circuit turned on whether individual lawmakers can sue at all. Justice Department lawyer Steven Myers argued that members could go to court if they were wronged as individuals, but not to press claims on behalf of Congress as an institution. Christine Coogle of Democracy Forward, representing the lawmakers, countered that her clients were enforcing a specific access right that federal law grants each of them.
Judge Gregory Katsas, a Trump appointee, questioned whether lawmakers seeking information for official oversight should face greater hurdles than members of the public seeking government records. Judge Brad Garcia suggested each lawmaker could suffer a distinct injury when denied access, "particularly because individual members may have different oversight objectives," and Judge Robert Wilkins also appeared unconvinced by the government's position.
Twice blocked below
U.S. District Judge Jia Cobb ruled in December 2025 that the notice policy violated federal law, and in January 2026 she blocked a similar restriction that DHS had reissued under a separate legal authority. In May, the appeals court refused to let DHS enforce the policy while the appeal proceeds, though Judge Neomi Rao wrote at the time that the lawmakers likely lacked standing. The panel did not indicate when it would rule; its decision will determine whether members of Congress can enter ICE detention sites without advance notice.
Photos: Wikimedia Commons (file)
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