Neguse v. ICE

Major Issue: Whether an executive branch policy requiring individual Members of Congress to provide advance notice seven days before accessing immigration detention facilities violates a federal appropriations law that provides for immediate Member access for purposes of conducting oversight.

Case Status: Awaiting District Court ruling.

Case Description: In July 2025, twelve Democratic Members of the House of Representatives filed suit against Immigration and Customs Enforcement (ICE) and others for denying them access to immigration detention facilities in violation of a provision included in an appropriations law that prohibits ICE from requiring Members “to provide prior notice of the intent to enter a facility … for the purpose of conducting oversight.” ICE justified its new seven-day notice policy by pointing to unspecified resource and security concerns, despite testimony from the Acting ICE Director just weeks earlier that no such concerns existed. The Members asked the Court to stay the policy while the proceedings are underway.

Procedural Posture: D.C. District Court Judge Jia Cobb was assigned to Case No. 1:25-cv-02463. On July 30, 2025, twelve Democratic House Members filed a Complaint against ICE and others in D.C. District Court seeking a judgment declaring that ICE’s seven-day notice policy violates the law and must be vacated. The Members also filed a Motion to Stay the new ICE policy during the pendency of the proceedings. ICE filed its Opposition to the Stay, and the Members filed their Reply. The Court has heard oral arguments, and the case is awaiting a ruling on the Motion.