House Democrats ask judge to block Noem’s revived ICE visit rule, say DHS defied court order

By Fox News · Fox News

House Democrats asked a federal judge on Monday to block a new directive from DHS Secretary Kristi Noem requiring advance notice for congressional oversight visits to ICE detention facilities , arguing in a court filing that the policy is politically motivated and violates federal spending law and a prior court stay. Last year, Democrats had sued to block the seven-day notice requirement, arguing that the restrictions on ICE detention centers violate Section 527, or a federal spending law provision that prohibits DHS from using appropriated funds to prevent congressional access to these facilities. U.S. District Judge Jia Cobb in December temporarily stayed the DHS restrictions from taking force "[u]nless and until Defendants show that no Section 527 funds are being used for these purposes." But, as Democrats' emergency motion notes, Noem last week issued a new directive requiring members of Congress to again provide seven days of notice before visiting the ICE facilities. EXCLUSIVE: DNC JOINS SUPREME COURT VOTING CASE, BLASTS RNC EFFORTS AS 'WHOLLY UN-AMERICAN' 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 notic…