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Judge temporarily lifts DHS restrictions on congressional detention visits
Politics

Judge temporarily lifts DHS restrictions on congressional detention visits

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Last updated: February 2, 2026 7:20 pm
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Published: February 2, 2026
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A federal judge on Monday temporarily lifted restrictions from the Department of Homeland Security that limited lawmakers’ visits to immigration detention facilities.

U.S. District Judge Jia Cobb in Washington, D.C., justified a temporary restraining order on the policy by concluding that ICE likely violated funding restrictions and that its policy causes irreparable harm.

The judge’s order stated that the court previously found that the DHS policy requiring advance notice for congressional oversight visits to ICE detention facilities “imposes irreparable harm” on lawmakers, “denying them the ability to carry out timely oversight of covered facilities.”

“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 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.”

ILHAN OMAR KICKED OUT OF ICE FACILITY AFTER DHS REQUIRES WEEK’S ADVANCE NOTICE

Federal immigration officers look on during a protest outside the Bishop Henry Whipple Federal Building, Friday, Jan. 30, 2026, in Minneapolis. (AP Photo/Adam Gray)

In the lawsuit, House Democrats had asked the judge to block the new directive from Homeland Security Secretary Noem, arguing in a court filing that the policy is politically motivated and violates federal spending law and a prior court stay.

protester holds a sign outside the Bishop Henry Whipple Federal Building

A protester holds a sign outside the Bishop Henry Whipple Federal Building, Saturday, Jan. 24, 2026, in Minneapolis. (AP Photo/Adam Gray)

Last month, Cobb refused to block the Trump administration from enforcing the policy requiring members of Congress to give a week’s notice before visiting immigration detention facilities, stating that attorneys for the plaintiffs used the wrong “procedural vehicle” to challenge it.

Federal immigration officers stand in line outside Minneapolis federal building

Federal immigration officers stand outside Bishop Henry Whipple Federal Building, on Thursday, Jan. 15, 2026, in Minneapolis.  (John Locher/AP)

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In December, Cobb temporarily blocked an administration oversight visit policy. She 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.

Fox News Digital’s Greg Norman contributed to this report.

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