A federal judge in Washington on Monday halted a Homeland Security policy that required members of Congress to give advance notice before entering Immigration and Customs Enforcement facilities for oversight visits, restoring the status quo that existed before the notice requirement was put in place.
U.S. District Judge Jia M. Cobb stayed the department’s Jan. 8 memo under Section 705 of the Administrative Procedure Act, a move she said temporarily suspends the legal authority behind the policy while the lawsuit proceeds. The stay also covers a Feb. 2 “ratification” the department said reinforced the earlier memo, Cobb wrote in the opinion. In the same ruling, she rejected the government’s request to pause her order while DHS appeals. The decision is laid out in the court’s memorandum opinion, U.S. District Court opinion.
The Department of Homeland Security’s rule, which was announced on January 8, requires Congress to give advance notice of a visit to Immigration and Customs Enforcement facilities. However, the plaintiffs, who are Democratic lawmakers, argue that the rule infringes on the rights of Congress to inspect the facilities. They argue that the rule is a violation of the law, which grants lawmakers the right to conduct unannounced visits to the facilities. They also argue that even a seven-day advance notice would hamper the ability of lawmakers to effectively exercise oversight.
DHA has argued the notice rule is necessary for the orderly operation of the facilities. However, Judge Cobb said the government did not offer concrete examples showing that unannounced visits created significant security problems during the litigation, and she wrote that the order targets only the notice policy, not other visitor procedures DHS uses at facilities.
The stay remains in place while the court continues review proceedings, setting up the next phase of a closely watched dispute over Congress’ oversight power and the administration’s detention policies.
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