Judge blocks Noem policy limiting congressional visits to immigrant detention facilities

A federal judge temporarily halted a Department of Homeland Security policy that required a 7-day notice for members of Congress to conduct oversight visits at immigrant detention facilities.

Published on Mar. 2, 2026

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A federal judge in Washington, D.C. has temporarily blocked a Department of Homeland Security policy instituted by Secretary Kristi Noem that required members of Congress to provide 7 days' notice before conducting oversight visits at facilities that hold immigrants. The judge found the policy likely violates a 2019 appropriations law that allows for unannounced visits by lawmakers. The decision comes amid a partial government shutdown of DHS over concerns about enforcement tactics used by immigration agents.

Why it matters

This ruling affirms Congress' oversight authority over immigrant detention facilities and rejects the Trump administration's attempts to limit transparency and access for elected officials. It's a victory for the 13 Democratic members of Congress who sued the government over the policy, which was the third such restriction imposed by Noem.

The details

The order from Judge Jia Cobb of the District Court for the District of Columbia rejects the Trump administration's argument that a separate funding stream from the tax cuts and spending package passed last year circumvents the 2019 appropriations law that allows for unannounced oversight visits. The judge stated that 'the power of the purse rests with Congress, and even a deep-pocketed agency must comply with Congress's restrictions on the permissible uses of appropriated funds.'

  • On March 2, 2026, a federal judge temporarily blocked the Department of Homeland Security policy.

The players

Judge Jia Cobb

A federal judge in the District Court for the District of Columbia who issued the temporary block on the Department of Homeland Security policy.

Kristi Noem

The Secretary of the Department of Homeland Security who instituted the policy requiring 7 days' notice for congressional oversight visits to immigrant detention facilities.

Democracy Forward

The group representing the 13 members of Congress who filed suit against the government over the policy.

Skye Perryman

The president and CEO of Democracy Forward, the group representing the members of Congress in the lawsuit.

The 13 Democratic members of Congress

The group of lawmakers who sued the government over the DHS policy, including representatives from Colorado, New York, Minnesota, Maryland, California, Texas, New York, Mississippi, and more.

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What they’re saying

“Today's ruling makes it clear that Secretary Noem cannot operate detention facilities in the shadows or silence elected officials who are doing their jobs. The court has once again affirmed that oversight is not optional, transparency is not negotiable, and human rights do not disappear at the doors of a detention center.”

— Skye Perryman, President and CEO of Democracy Forward (Democracy Forward)

What’s next

The Department of Justice has appealed the judge's decision to temporarily block the DHS policy. The case will now move forward in the appeals process.

The takeaway

This ruling is a victory for congressional oversight and transparency, rejecting the Trump administration's attempts to limit access and visibility into immigrant detention facilities. It underscores the importance of checks and balances, with the judiciary affirming Congress' authority to conduct unannounced visits and oversee the operations of federal agencies like DHS.