WASHINGTON (AP) — The Trump administration secretly reimposed a policy limiting Congress members’ access to immigration detention facilities a day after a federal immigration officer fatally shot a woman in Minneapolis, attorneys for several congressional Democrats said Monday in asking a federal judge to intervene.
Three Democratic members of Congress from Minnesota were blocked from visiting an Immigration and Customs Enforcement facility near Minneapolis on Saturday, three days after an ICE officer shot and killed U.S. citizen Renee Good in the city.
Last month, U.S. District Judge Jia Cobb in Washington, D.C., temporarily blocked ICE from enforcing policies limiting Congress members’ access to immigration detention facilities. In a court filing on Monday, plaintiffs’ lawyers asked Cobb to hold an emergency hearing and decide if the duplicate notice policy violates her order.
Cobb ruled on Dec. 17 that it is likely illegal for ICE to demand a week’s notice from members of Congress seeking to visit and observe conditions in ICE facilities. The judge said the seven-day notice requirement likely exceeds the Department of Homeland Security’s statutory authority.
The attorneys asking Cobb for an emergency hearing say the matter is urgent because members of Congress are negotiating funding for DHS and ICE for the next fiscal year with DHS’s annual appropriations due to expire on Jan. 30.
“This is a critical moment for oversight, and members of Congress must be able to conduct oversight at ICE detention facilities, without notice, to obtain urgent and essential information for ongoing funding negotiations,” the lawyers wrote.
Cobb didn’t immediately rule on the plaintiffs’ hearing request. Government attorneys also didn’t immediately respond in writing to it.
On Saturday, U.S. Reps. Ilhan Omar, Kelly Morrison and Angie Craig attempted to tour the ICE facility in the Minneapolis federal building. They initially were allowed to enter but then told they had to leave about 10 minutes later.
Officials who turned them away cited a newly imposed seven-day-notice policy for congressional oversight visits. Last Thursday, a day after Good’s death, U.S. Department of Homeland Security Secretary Kristi Noem secretly signed a new memorandum reinstating the same seven-day notice requirement, according to the plaintiffs’ lawyers.
Cobb, who was nominated to the bench by Democratic President Joe Biden, ruled last month in favor of 12 other members of Congress who sued to challenge ICE’s amended visitor policies after they were denied entry to detention facilities. Their lawsuit accused Republican President Donald Trump’s administration of obstructing congressional oversight of the centers during its nationwide surge in immigration enforcement operations.
Government attorneys had argued that the plaintiffs didn’t have legal standing to bring their claims. They also said it’s merely speculative for the legislators to be concerned that conditions in ICE facilities change over the course of a week. But the judge rejected those arguments.
“The changing conditions within ICE facilities means that it is likely impossible for a Member of Congress to reconstruct the conditions at a facility on the day that they initially sought to enter,” Cobb wrote.
A law bars DHS from using appropriated general funds to prevent members of Congress from entering DHS facilities for oversight purposes. Plaintiffs’ attorneys from the Democracy Forward Foundation said the administration hasn’t shown that none of those funds are being used to implement the latest notice policy.
