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Court bars Trump administration from blocking congressional oversight visits to ICE facilities

A federal court has temporarily blocked the Trump administration policy that has impeded lawmakers from conducting unannounced visits to federal immigration detention facilities.

“Today’s decision is a critical victory toward restoring our ability to conduct essential congressional oversight on behalf of the American people,” lawmakers said in a joint statement. “It reinforces the rule of law and reminds the administration that oversight is not optional. Real-time, on-the-ground visits to immigration detention facilities help prevent abuses and ensure transparency. Oversight is a core responsibility of members of Congress —and a constitutional duty we do not take lightly. We’ll continue standing up for the rule of law.” 

In July, a dozen Democratic lawmakers — led by U.S. Rep. Joe Neguse —filed a lawsuit challenging what they allege is the Trump administration’s “unlawful obstruction” of their oversight in blocking lawmakers access to federal immigration detention centers.

The suit asserts members of Congress have authority to conduct investigations related to their legislative role. The complaint noted “widespread” mistreatment at detention facilities across the U.S, which had at least 11 deaths in the first six months of the Trump administration.

“Blocking members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants clearly violates federal law — and the Trump administration knows it,” Neguse has said. “Such blatant disregard for both the law and the constitutional order by the Trump administration warrants a serious and decisive response.”

The complaint contended ICE officials were requiring seven days advance notice to schedule a visit.

The visits were in response to the “kids in cages” controversy the year before when images surfaced showing immigrant children — who were forcibly separated from their parents — being held in chain-link pens.

The Trump-era “zero tolerance” policy of mass family separation led to widespread condemnation and calls for immigration reform.

The lawsuit notes that Congress has approved provisions since 2019 that prevent appropriated funds to DHS being used to prevent members from entering facilities for the purpose of conducting oversight.

DHS officials have defended their actions, saying the agency has seen a dramatic increase in the number of “assaults, disruptions and obstructions” to enforcement, necessitating the need for scheduled tours.

DHS Assistant Secretary Tricia McLaughlin called the lawsuit a Democratic fundraising tactic.

“These members of Congress could have just scheduled a tour; instead, they’re running to court to drive clicks and fundraising emails,” McLaughlin has said.

Editor’s note: This is a developing story.


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