Rep. Jamie Raskin takes a question from a reporter as he introduces tariff legislation at the U.S. Capitol on May 8, 2025. (Andrew Harnik/Getty Images)
Government lawyers countered that the courts did not have the authority to resolve what they said was a legislative dispute and that ICE needed the seven-day notice to be able to "allocate the resources necessary for congressional visits."
"Those protocols therefore reasonably balance the need for safe and secure visits with Members’ interest in conducting oversight," the lawyers wrote. "The protocols are also consistent with ICE’s statutory obligations because § 527 does not prohibit ICE from deriving an advance notice requirement from some other statutory source of authority, and other statutes grant [DHS] and ICE broad discretion to oversee detention facilities."
Judge Jia Cobb has twice blocked DHS from enforcing the rule, saying in her latest decision this month that the policy was crafted based on already-approved funds. Cobb also said the policy caused irreparable harm to Congress members by "denying them the ability to carry out timely oversight of covered facilities" at a time when the Trump administration's immigration crackdown and deportation methods have become a polarizing topic.
GOVERNMENT SHUTDOWN HITS DHS AFTER DEMOCRATS BLOW UP BIPARTISAN FUNDING DEAL OVER IMMIGRATION UPROAR
Homeland Security Secretary Kristi Noem speaks during a news conference on July 8, 2025, at Reagan National Airport in Washington. (Mark Schiefelbein/AP Photo)
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The funding lapse, which remains indefinite as Congress is on recess, has shut down funding for parts of DHS, including TSA, FEMA and other agencies, and has forced many employees deemed essential to work without pay.
Cobb has not addressed DHS’ latest notice that it plans to revert to the seven-day notice requirement.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/shutdown-flips-ice-oversight-fight-dhs-moves-block-surprise-lawmaker-visits