Congressman Neguse Leads Members of Congress in Return to Court After Trump-Vance Administration Denies Access to Conduct Oversight of Immigration Detention Facilities

Washington, D.C. — Today, Colorado Congressman and Assistant Democratic Leader Joe Neguse, alongside twelve of his colleagues, have returned to federal court after the Trump-Vance administration secretly re-imposed a policy that blocks unannounced congressional oversight of federal immigration detention facilities. The Representatives filed a motion urgently asking the U.S. District Court for the District of Columbia to order the administration to explain how this new policy is not a violation of federal law guaranteeing Members of Congress the ability to conduct oversight of ICE facilities. The court’s December order affirmed all Members’ rights under federal law to conduct this oversight.

The lawsuit, Neguse et al. v. U.S. Immigration and Customs Enforcement et al., was filed in July 2025 after the Trump-Vance administration unlawfully imposed a policy requiring Members of Congress to give advance notice before conducting oversight visits at immigration detention facilities, interfering with Congress’s constitutional oversight authority, and preventing lawmakers from examining conditions and government conduct as incidents of violence against detainees was on the rise.

Last month, the court preliminarily stopped DHS’s policy, affirming the rights of Members to conduct unannounced visits. However, after an ICE officer shot and killed a U.S. citizen last week, U.S. Secretary of Homeland Security Kristi Noem quietly signed a new memorandum reinstating the same seven-day notice requirement. The existence of the memo, which had not been shared with plaintiffs or the court, only came to light after three members of the Minnesota congressional delegation were subsequently denied access to an ICE facility in Minnesota, despite having the court order in hand.

The 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, Assistant Leader Neguse and his fellow plaintiffs said: “In December, a federal court acted to restore Members of Congress's ability to conduct essential congressional oversight on behalf of the American people. Now, rather than complying with the law, the Department of Homeland Security is attempting to get around this order by re-imposing the same unlawful policy. This is unacceptable. Oversight is a core responsibility of Members of Congress, and a constitutional duty we do not take lightly. It is not something the executive branch can turn on or off at will. Today, we are going back to court to defend the rule of law, protect transparency, and ensure that no administration can hide behind closed doors.”

Read the filing HERE.

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

“What are they hiding? Why does the Trump-Vance administration continue to implement policies to block members of Congress – who represent the people and have legal obligations to conduct oversight – from accessing ICE facilities? The answer has become more and more clear: what ICE is doing is harmful and indefensible, and this administration does not want checks and balances,” said Skye Perryman, President and CEO of Democracy Forward. “A federal court issued an order in December preventing the Trump-Vance administration's attempts to prevent individual members of Congress from conducting oversight, and yet Secretary Noem and DHS appear to be seeking to circumvent the court’s order. This threat to the rule of law and our system of checks and balances should concern every single American. We look forward to seeking answers in court about what the government has done here.” 

“The Trump administration has now made clear that it is willing to defy both Congress and the courts to conceal conditions inside immigration detention facilities, effectively enabling — if not openly endorsing — ongoing abuse and neglect,” said Chioma Chukwu, Executive Director of American Oversight. “A federal court affirmed that members of Congress have a clear legal right to conduct unannounced oversight visits, yet DHS appears to have quietly resurrected the very policy the court stopped. That kind of end-run around the law undermines transparency, accountability, and the constitutional system of checks and balances. We are proud to stand with members of Congress as they demand that the administration explain their latest secrecy and obstruction.”

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