December 17, 2025
Court Rules Trump-Vance Administration Cannot Block Members of Congress From Conducting Oversight at Federal Immigration Detention Facilities
The decision was made in the case brought forth by 12 Members of Congress in Neguse et al. v. U.S. ICE et al.
Washington, D.C. — Just now, a federal court temporarily stopped the Trump-Vance administration’s policy blocking Members of Congress from unannounced oversight visits to federal immigration detention facilities today. The decision restores Congress’s ability to conduct real-time oversight of how the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) detain individuals — including U.S. citizens — and spend billions in taxpayer dollars, while the case continues.
The lawsuit, Neguse et al. v. U.S. Immigration and Customs Enforcement et al., was brought by a dozen members of the U.S. House of Representatives after the administration imposed a seven-day waiting period and barred access to certain field offices, in violation of a longstanding federal law that guarantees congressional oversight.
The plaintiffs include Rep. Norma Torres; 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; and Rep. Raul Ruiz.
In a joint statement, the plaintiffs said: “Today’s decision is a critical victory toward restoring our ability to conduct essential congressional oversight on behalf of the American people. It reinforces the rule of law and reminds the administration that oversight is not optional. Real-time, on-the-ground visits to immigration detention facilities help prevent abuses and ensure transparency. Oversight is a core responsibility of Members of Congress—and a constitutional duty we do not take lightly. We’ll continue standing up for the rule of law.”
The Members of Congress are represented in this suit by Democracy Forward Foundation and American Oversight.
“This ruling is a victory for the American people and their elected representatives,” said Skye Perryman, President and CEO of Democracy Forward. “This decision makes clear that no president can hide the truth about how people are treated in federal immigration custody. We’re honored to represent these individual Members of Congress in defending accountability, transparency, the rule of law, and human dignity.”
“Today’s ruling is a clear victory for the rule of law and a clear affirmation that no administration is above it,” said Chioma Chukwu, Executive Director of American Oversight. “Members of Congress have an unquestioned right to conduct real-time oversight of immigration detention facilities, and the American people have a right to know what is happening in their name. By blocking those visits, the administration wasn’t simply breaking the law, it was trying to conceal the reality inside these facilities from the public: people in overcrowded, inhumane conditions without adequate beds, showers, or medical care. This order restores a critical check on executive power and sends a clear message that abuse cannot be hidden.”
With this decision, the court reaffirms Members of Congress’s right to access federal immigration detention facilities without prior notice — a safeguard meant to prevent abuse, protect human rights, and ensure that taxpayer funds are not used to support unlawful or inhumane practices. The ruling sends a strong message that oversight is essential to democracy and that no administration is above the law.
How did we get here?
Federal law (Sec. 527, FY2024 DHS Appropriations Act) allows Members of Congress to visit U.S. Immigration and Customs Enforcement (ICE) sites where noncitizens are detained without prior notice. But increasingly, these representatives have been stopped at the door.
In response to questions about this, ICE officials announced a new policy requiring a seven-day waiting period and preventing entry to ICE field offices.
On July 30, a dozen individual Members of the U.S. House of Representatives sued the Trump-Vance administration, challenging the policy as an unlawful obstruction of congressional oversight.
Subsequently, the plaintiffs sought a court order requiring DHS and its Secretary Kristi Noem, as well as ICE and its Acting Director Todd Lyons to comply with the federal law granting Members of Congress the right to visit immigration detention facilities without prior notice during the course of their lawsuit.
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