Tuesday, January 13, 2026- The Department of Homeland Security has implemented a new policy restricting congressional visits to Immigration and Customs Enforcement (ICE) detention facilities, including in Minneapolis, sparking a contentious oversight battle between lawmakers and the agency.
Under a memo issued by Homeland Security Secretary Kristi Noem on January 8, members of Congress must now submit requests at least seven days in advance if they want to tour ICE facilities, a shift from historical practice that allowed unannounced oversight visits. The policy was cited when three Minnesota Democratic representatives were initially allowed into an ICE facility but were then asked to leave and denied further access because officials said the seven-day notice requirement applied.
The administration’s justification for the change centers on safety and operational concerns, with the memo stating that advance notice is necessary to ensure adequate protection for congressional staff, detainees, and ICE personnel and to avoid what the department called “circus‑like publicity stunts.” DHS is also using funds from the One Big Beautiful Bill Act for the facilities in question, asserting that this funding category exempts them from prior judicial rulings that protected unannounced congressional visits.
House Democrats and civil liberties advocates have strongly objected, arguing the new policy violates federal law and undermines Congress’s constitutional oversight role. Twelve House Democrats have returned to federal court to challenge the policy as inconsistent with a December court ruling that blocked similar restrictions on requiring advance notice, and they have requested an emergency hearing amid ongoing negotiations over Homeland Security funding.
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