The Capitol Building at sunset on Jan. 30, 2025 (Emma Woodhead/Fox News Digital)
Lawmakers cited the timing of the action, noting it came one day after an ICE officer was involved in a politically charged fatal shooting. The incident remains under federal investigation.
Noem has said the directive is legally sound, as it would be funded exclusively through the "One Big Beautiful Bill Act" (OBBBA), rather than an annual appropriation – thus freeing it from apparent Section 527 restrictions.
Democrats disagreed. They argued in the filing Monday that the action breaks with Cobb's order, and noted it is nearly impossible for DHS to have developed and implemented a new policy since December using "exclusively" OBBBA funds.
Lawmakers asked the judge to order a "show cause" requiring DHS to explain how the duplicate policy complies with Section 527 requirements, and the court's earlier stay, and to hold an emergency hearing to evaluate the memo as soon as possible.
"Defendants’ duplicate notice policy once again obstructs congressional oversight of ICE detention facilities at a time of continuing reports of increasingly violent behavior by ICE in communities across the country," the group said in a press release obtained by Fox News Digital.
"Most immediately, the current continuing resolution will expire before the end of this month, and members of Congress are actively negotiating the appropriate levels of appropriations for DHS and ICE, including any limitations on DHS’s funding."
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The E. Barrett Prettyman United States Court House is seen early morning on Dec. 10, 2024, in Washington, D.C. (David Ake/Getty Images)
DHS, for its part, doubled down on the legality of its action.
"Because all ICE detention facilities are funded through the One Big Beautiful Bill Act, Secretary Noem issued this guidance to ensure that DHS and ICE comply with existing court orders," DHS Assistant Secretary McLaughlin told Fox News Digital in a statement.
"A previous court order stated that funding appropriated to DHS by Congress cannot be used to prevent Members of Congress from entering facilities. However, the court also ruled that funding derived from the One Big Beautiful Bill Act is exempt from this limitation."
DHS stressed the effort was made "to ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike."
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"Unannounced visits require pulling ICE officers from their normal duties. This guidance has been issued to protect all parties and ensure that ICE and DHS are fully cooperating with lawful court orders."
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.
https://www.foxnews.com/politics/house-dems-sue-over-noem-restricting-access-ice-facilities