A federal judge appointed by former President Joe Biden upheld a restraining order against the Department of Homeland Security after the Trump administration attempted to ban members of Congress from visiting Immigration and Customs Enforcement detention sites with less than a week’s notice.

U.S. District Judge Jia Cobb of the District of Columbia ruled Tuesday for a third time since December 2025 that DHS Secretary Kristi Noem‘s effort to prevent federal lawmakers from entering and touring ICE facilities likely violated the law.

Cobb concluded that it went against congressional funding restrictions and “imposes irreparable harm” on lawmakers by “denying them the ability to carry out timely oversight of convened facilities,” a point she also made in February.

“If anything, the strength of that finding has become greater over the intervening weeks, given that ICE’s enforcement and detention practices have become the focus of intense national and congressional interest,” the judge’s order stated. “And as before, the public interest and the balance of equitable considerations weigh strongly in favor of granting Plaintiffs the limited preliminary relief of a temporary restraining order.”

In recent weeks, reports of abuse and neglect have surfaced in the media regarding several ICE detention sites in Texas and California as the agency continues arresting immigrants alleged to have entered the U.S. illegally and procuring more detention sites as President Donald Trump’s deportation operation continues in Year 2. Trump has vowed to remove the “largest” number of people in national history.

More than a dozen House Democrats took part in a lawsuit last year over Noem’s directive not to allow visits from lawmakers in Congress who conduct oversight of the agency if it is not made more than seven days in advance of the visitation date.

Cobb first ruled on Dec. 17 that it was likely illegal for ICE and DHS to request a week’s notice because it went against existing policy that required lawmakers be given free access to detention facilities.

This most recent unfavorable decision for the DHS followed Noem’s directive last month in which she reinstated the week’s notice requirement on the basis that the ban would be enforced with funding from the One Big Beautiful Bill Act.

The DHS did not respond to a request for comment.