Secretary of Homeland Security Kristi Noem has issued a new memo outlining the department’s restrictions on federal lawmakers arriving at Immigration and Customs Enforcement facilities without advance notice.
The memo is dated Jan. 8, one day after an ICE officer fatally shot a woman in Minneapolis.
The new policy requires lawmakers to submit oversight visit requests to ICE facilities at least seven days in advance, the same amount of time outlined in a memo last June. Where the latest directive differs is its requirement that ICE oversee congressional visits “exclusively with money appropriated” by President Donald Trump’s One Big Beautiful Bill Act.
The change in protocol prevents lawmakers from using a federal law to gain unrestricted access to ICE facilities. Section 527 of the Department of Homeland Security’s appropriation bill grants members of Congress the right to conduct unannounced oversight visits.
Last month, a federal court determined that DHS funds cannot be used to block lawmakers’ access in violation of the appropriation bill’s provision. While DHS argued that only holding facilities were subject to Section 527, the court concluded that the law covers both ICE field offices and detention centers and moved to block the initial DHS seven-day notice policy.
Noem said she disagreed with the ruling, which is why she issued the new policy to get around unannounced oversight visits by clarifying the source of funding for the immigration agency.
Funding appropriated under Trump’s One Big Beautiful Bill Act does not fall under Section 527’s purview.
Noem said there is “more than sufficient funding available” for ICE to carry out the new policy.
“The basis for this policy is that advance notice is necessary to ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike,” she wrote in the memo to acting ICE Director Todd Lyons. “Unannounced visits require pulling ICE officers away from their normal duties. Moreover, there is an increasing trend of replacing legitimate oversight activities with circus-like publicity stunts, all of which creates a chaotic environment with heightened emotions.”
The memo was issued just before three Minnesota Democrats, including Rep. Ilhan Omar, attempted to access an ICE detention facility outside Minneapolis on Saturday.
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Omar, along with Reps. Angie Craig (D-MN) and Kelly Morrison (D-MN) claimed they were denied access to the site after they were initially allowed to enter the building. Omar said two federal officers received a message telling them not to let the lawmakers walk any further.
DHS Assistant Secretary Tricia McLaughlin said their visit was “improper and out of compliance with existing court orders and policies,” claiming that the trio did not request an oversight visit at least seven days in advance.
