DHS Moves to Block Surprise Lawmaker Visits to ICE Facilities During Shutdown

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The Department of Homeland Security has told a federal court that the partial government shutdown has cleared the way for it to once again ban federal lawmakers from making unannounced visits to ICE detention centers. This reverses a previous court order blocking DHS from enforcing a 7-day notice requirement for congressional oversight visits. DHS claims the funding lapse gives it the authority to reinstate the policy, despite arguments from lawmakers that it denies them the ability to conduct timely oversight.

Why it matters

The dispute over access to ICE facilities has become a polarizing political issue, with Democrats accusing the Trump administration of inhumane immigration enforcement practices that they say require close congressional oversight. The shutdown fight over DHS funding has now escalated this battle, with the agency seeking to limit lawmakers' ability to make surprise visits during a time of intense national interest.

The details

DHS first imposed the 7-day notice requirement last summer, leading 13 House Democrats to sue. The lawmakers argued that recent funding bills have allowed them to conduct "real-time oversight" of immigration facilities. But DHS claimed the notice was needed to "allocate the resources necessary for congressional visits." A federal judge has twice blocked the policy, saying it caused "irreparable harm" by denying timely oversight. Now, with the partial government shutdown, DHS says there is "no lawful basis" for the court to continue blocking the 7-day notice rule.

• The partial government shutdown began on Saturday, February 15, 2026.
• Congress is currently on recess as the funding lapse remains indefinite.

What they’re saying

What’s next

The federal judge overseeing the case has not yet addressed DHS's latest notice that it plans to revert to the 7-day notice requirement during the government shutdown.