Congressional Democrats win legal battle with ICE over access to facilities

A federal judge ruled Wednesday against ICE’s new policy attempting to limit the ability of members of Congress to carry out oversight on places where migrants are being detained, saying the law gives lawmakers the right of access.

Judge Jia Cobb, a Biden appointee to the court in Washington, said the lawmakers do not have to give seven days’ advance notice before visiting, and can visit both full detention facilities and field offices where migrants are processed and detained for shorter times.

She said a section of the current law that funds Homeland Security Department operations — including U.S. Immigration and Customs Enforcement — lays out the rules for access, and ICE was breaching that.

Judge Cobb said ICE’s own internal guidance considers the field offices to be “holding facilities” where migrants are “detained,” even if for short times.

And she said the law doesn’t envision a 7-day waiting period.

She said the ICE policy therefore violates the Administrative Procedure Act, and she put the policy on hold.

“All the relevant factors support a grant of preliminary relief,” she wrote.

ICE had argued the seven-day notice didn’t actually prevent access, but rather delayed it. That argument went nowhere with the judge.

Democrats, furious at what they say is too zealous enforcement of immigration laws, have been attempting to visit ICE facilities in their states to get a handle on what’s going on.

Some of those visits had resulted in disagreements and even clashes.

One visit by several members of Congress to a facility in New Jersey resulted in assault charges brought against Rep. LaMonica McIver. She has pleaded not guilty and that case is still pending.

The plaintiffs in the lawsuit were 12 House Democrats.

In a joint statement Wednesday, they hailed the ruling as a “critical victory” for Congress.

“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,” they said.