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Congressman Neguse and Colleagues Seek Emergency Court Intervention to Restore Congressional Oversight at ICE Detention Facilities

January 26, 2026

Emergency Motion Filed After ICE Denies Minnesota Delegation Access to Facility, Citing Reinstated Policy in Secret Memo Issued by Homeland Security Secretary Kristi Noem

Washington, D.C. Today, Colorado Congressman and Assistant Democratic Leader Joe Neguse led more than a dozen Members of Congress in filing an amended complaint and emergency motion seeking a temporary restraining order (TRO) from the U.S. District Court for the District of Columbia to restore their right and duty to conduct oversight of Immigration and Customs Enforcement (ICE) detention facilities.

The latest filing in Neguse et al. v. U.S. Immigration and Customs Enforcement et al. comes after the U.S. Department of Homeland Security (DHS) unlawfully tried to restrict members of Congress from conducting unannounced oversight visits at ICE detention facilities, directly interfering with Congress’s right and duty to investigate conditions, ensure compliance with the law, and respond to rising reports of abuse and violence inside detention centers.

After the court preliminarily blocked the policy in December 2025, and following the fatal shooting of a U.S. citizen by a federal agent in Minnesota, DHS Secretary Kristi Noem secretly reinstated the requirement through a previously undisclosed memorandum. The memo came to light only after multiple members of Congress were denied entry to an ICE facility in Minnesota despite presenting a valid court order. 

This filing adds Representative Kelly Morrison (MN-03) as a plaintiff in the case, after she was denied access to conduct lawful oversight at the Bishop Henry Whipple Federal Building in Minnesota. 

Other plaintiffs include Assistant Democratic Leader Joe Neguse; Congressional Hispanic Caucus Chair Rep. Adriano Espaillat; Homeland Security Committee Ranking Member Rep. Bennie G. Thompson; Judiciary Committee Ranking Member Rep. Jamie Raskin; House Oversight and Government Reform Committee Ranking Member Rep. Robert Garcia; House Homeland Security Committee Subcommittee on Border Security and Enforcement Ranking Member Rep. J. Luis Correa; Rep. Jason Crow; Rep. Veronica Escobar; Rep. Dan Goldman; Rep. Jimmy Gomez; Rep. Raul Ruiz; and Rep. Norma Torres.

In a joint statement, the plaintiffs said, “The Trump administration is using billions of taxpayer dollars to carry out a violent and lawless immigration agenda with virtually no transparency or accountability. This is not only deeply dangerous — it is an affront to the rule of law and to our constitutional duty as Members of Congress. 2025 marked the deadliest year for those in ICE custody in more than two decades, with record detentions and mounting reports of abuse and inhumane conditions. We can’t turn a blind eye. We are returning to court to restore congressional oversight and hold this administration accountable to the American people.”

Read the amended complaint HERE and the emergency motion HERE.

The TRO asks the court to enforce the law by stopping DHS and ICE from obstructing oversight and restoring Congress’s ability to inspect detention facilities in real time. Without unannounced access, members cannot verify how taxpayer dollars are being spent, ensure people in government custody are treated humanely, or prevent agencies from concealing unlawful conditions before inspections occur. 

The Members of Congress are represented in this suit by Democracy Forward Foundation and American Oversight.

“The Trump-Vance administration is trying to keep Americans from seeing what is really happening at these detention facilities to avoid accountability. We cannot avert our eyes, and our clients are entitled to use the levers of oversight that we have to get to the truth,” said Skye Perryman, President and CEO of Democracy Forward. “People – regardless of citizenship or immigration status – are being swept up in reckless raids, detained in overcrowded facilities, denied medical care and access to counsel, and, in some cases, dying in government custody. We are back in court because the administration continues to deny access to members of Congress from conducting essential oversight at a time when it is most needed.”

“The public has repeatedly witnessed the deadly consequences of ICE’s lawless conduct on American streets and learned of the abhorrent abuses inside its detention facilities,” said Chioma Chukwu, Executive Director of American Oversight. “Enough is enough. Deliberately blocking Congress from exercising its lawful oversight authority to evade accountability is indefensible. Real-time inspections are the only way to shed sunlight on the increasingly dangerous and inhumane conditions in ICE facilities. Congress’s right to conduct them must be restored immediately so lawmakers can do their jobs and prevent the administration from abusing, harming, and killing more people.”

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