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WASHINGTON (CN) — A group of 12 Democratic lawmakers sued the Department of Homeland Security on Wednesday over a new policy requiring lawmakers to provide at least a week’s notice before conducting oversight visits to Immigration and Customs Enforcement facilities.
The coalition, led by Colorado Representative Joe Neguse, claims the Trump administration has repeatedly blocked lawmakers from exercising their authority to conduct impromptu investigations at immigration facilities across the country.
Neguse is joined by Representatives Adriano Espaillat of New York, Bennie Thompson of Mississippi, Jamie Raskin of Maryland, Jason Crow of Colorado, Veronica Escobar of Texas, Daniel Goldman of New York, and California Representatives Jimmy Gomez, Raul Ruiz, Robert Garcia, Luis Correa and Norma Torres.
“Blocking members of Congress from oversight visits to ICE facilities that house or otherwise detain immigrants clearly violates federal law — and the Trump administration knows it,” Neguse said in a statement. “Such blatant disregard for both the law and the constitutional order by the Trump administration warrants a serious and decisive response, which is why I’m proud to lead the lawsuit we proceeded with earlier today.”
In the suit, filed in the U.S. District Court for the District of Columbia, the lawmakers ask a federal judge to vacate DHS’ oversight visit policy, declare delays in admitting members of Congress as unlawful and enjoin any further attempts to bar lawmakers from detention facilities.
Congress’ oversight powers are a long-standing and central part of the legislative body’s purpose and has repeatedly been upheld by the Supreme Court as necessary for effective lawmaking. The representatives note that the power is as “penetrating and far-reaching” as Congress’ appropriations powers, citing the 1959 case Barenblatt v. United States.
That power was extended to impromptu investigations at immigration facilities under the first Trump administration as lawmakers attempted to assess conditions at detention facilities where migrant children were being held.
After lawmakers were rebuffed by immigration officials at the detention centers, Congress included a provision in the fiscal year 2019 appropriations bill codifying members’ right to exercise oversight duties through impromptu in-person visits.
President Donald Trump, the lawmakers note, signed that provision into law, which prohibited DHS and ICE officials from preventing any member of Congress from entering a DHS facility holding migrant children to conduct oversight.
Congress then extended members’ oversight authority in the fiscal year 2020 appropriations bill to include visits to any DHS facility holding immigrants and further clarifying that no prior notice was ever required. That authority was upheld most recently in Section 527 of the fiscal year 2024 DHS appropriation bill, which was incorporated by the fiscal year 2025 continuing resolution.
“Since June 2025, each plaintiff, in his or her official capacity as an individual member of Congress, has attempted to obtain information about conditions at a DHS facility used to detain or otherwise house noncitizens,” the coalition wrote. “Each plaintiff has done so by visiting a facility in person, or by giving DHS notice of imminent plans to do so, for the purpose of conducting real time oversight of that facility. Each of those attempted oversight visits have been blocked by defendants, notwithstanding section 527.”
Earlier this month, Democratic Florida lawmakers toured the controversial “Alligator Alcatraz” facility in the Everglades near Miami after being blocked from touring the facility.
Representative Debbie Wasserman Schultz slammed the 3,000-bed detention center’s “vile conditions” and called for it to be “shut the hell down” after going inside. Florida Republicans such as state Senator Blaise Ingoglia, meanwhile, lauded the facility as well-run, safe and clean.
The lawsuit also follows the arrest and prosecution of New Jersey Representative LaMonica McIver on three charges of assaulting, resisting, impeding and interfering with federal officers when attempting to visit the Delaney Hall immigration facility in Newark in May.
McIver pleaded not guilty to the charges in June.
Homeland Security spokesperson Tricia McLaughlin said in an emailed statement that the lawmakers could have simply scheduled tours at the immigration facilities and slammed the lawsuit as an effort to “drive clicks and fundraising emails.”
“As ICE law enforcement have seen a surge in assaults, disruptions and obstructions to enforcement — including by members of Congress themselves — any requests to tour processing centers and field offices must be approved by the secretary of Homeland Security,” McLaughlin said, adding that ICE officers have reportedly faced an 830% increase in assaults. “These requests must be part of legitimate congressional oversight activities.”
McLaughlin said that the seven-day notice of an oversight visit was necessary to “prevent interference with the president’s Article II authority to oversee executive department functions.” If lawmakers seek to shorten that waiting period, they must make a request to Homeland Security Secretary Kristi Noem.
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