Judge blocks Noem policy limiting congressional visits to immigrant detention facilities

The order rejects the Trump administration's argument that a separate funding stream circumvents a 2019 law allowing for unannounced oversight visits.

Published on Mar. 2, 2026

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A federal judge has temporarily blocked a Department of Homeland Security policy instituted by Secretary Kristi Noem that required members of Congress to provide seven days' notice before conducting oversight visits to facilities holding immigrants. The judge found the policy likely violates a 2019 appropriations law that allows for unannounced visits by lawmakers.

Why it matters

This ruling affirms Congress's oversight authority over immigrant detention facilities and the administration's obligation to comply with laws governing access, even as DHS receives significant funding. It comes amid a partial government shutdown over concerns about immigration enforcement tactics.

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 2019 tax cuts and spending package circumvents the 2019 appropriations law requiring unannounced oversight visits. Cobb 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 issued a temporary block on 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 DHS policy.

Kristi Noem

The Secretary of the Department of Homeland Security who instituted the policy requiring seven 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 DHS 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 representatives who filed the lawsuit against the DHS policy, including Joe Neguse, Adriano Espaillat, Kelly Morrison, and others.

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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 (Michigan Advance)

What’s next

The Department of Justice has appealed the judge's decision to block the DHS policy.

The takeaway

This ruling upholds Congress's constitutional oversight authority over immigrant detention facilities, even as the administration seeks to limit access. It underscores the importance of transparency and accountability in the treatment of detainees, an issue that has become increasingly contentious amid the ongoing immigration policy debates.