Skip to content
Search

Latest Stories

Follow Us:
Top Stories

ICE Policy Challenged in Court for Blocking Congressional Oversight of Detention Centers

Lawyers Defending American Democracy files amicus brief asserting that ICE policy violates federal law and undermines congressional authority.

News

ICE Policy Challenged in Court for Blocking Congressional Oversight of Detention Centers

Federal agents guard outside of a federal building and Immigration and Customs Enforcement (ICE) detention center in downtown Los Angeles as demonstrations continue after a series of immigration raids began last Friday on June 13, 2025, in Los Angeles, California.

Getty Images, Spencer Platt

In a constitutional democracy, congressional oversight is not a courtesy—it is a cornerstone of the separation of powers enshrined in our founding documents.

Lawyers Defending American Democracy (LDAD) has filed an amicus brief in Neguse v. U.S. Immigration and Customs Enforcement, arguing that ICE’s policy restricting unannounced visits by members of Congress “directly violates federal law.” Twelve lawmakers brought this suit to challenge ICE’s new requirement that elected officials provide seven days’ notice before visiting detention facilities—an edict that undermines transparency and shields executive agencies from scrutiny.


At the plaintiffs’ request, LDAD’s brief focuses on two constitutional pillars: standing and appropriations law. The denial of access harms individual members of Congress by violating a statutory right unique to their office.

Moreover, the fact that the provision guaranteeing unannounced access appears in an appropriations bill does not diminish its legal force. As Mitt Regan, McDevitt Professor of Jurisprudence at Georgetown Law and principal author of the brief, stated: “Federal law explicitly protects Members of Congress’ right to unannounced oversight visits. ICE’s policy violates both the letter and spirit of that law.”

The Trump administration’s argument for restricting unannounced visits by members of Congress to ICE facilities centers on operational control and security concerns. Some of their reasoning includes:

  • Operational Disruption: ICE claims that unannounced visits can interfere with facility operations, including detainee processing, legal proceedings, and staff duties.
  • Security Protocols: The administration argues that prior notice allows ICE to ensure safety for both visitors and detainees, citing concerns about crowd control and potential confrontations.
  • Discretionary Authority: Under the new guidelines, ICE asserts “sole and unreviewable discretion” to deny, cancel, or reschedule visits for any reason, including “operational concerns” or if deemed “appropriate” by facility managers.
  • Distinction Between Facilities: DHS claims that while federal law allows unannounced visits to detention centers, it does not apply to ICE field offices—despite the fact that immigrants are often detained there before transfer.

However, critics, including Rep. Bennie Thompson, argue this policy violates federal law, which explicitly allows members of Congress to conduct oversight visits without prior notice to any DHS facility used to “detain or otherwise house aliens.” Furthermore, the policy has led to multiple incidents where Democratic lawmakers were denied entry or arrested during attempted oversight visits, fueling accusations that the administration is trying to avoid scrutiny of detention conditions.

Despite the administration's claims, the case seems clear. Congress has both the legal authority and the moral obligation to inspect detention centers, especially those housing vulnerable populations. Federal law prohibits DHS from using appropriated funds to block or delay such visits. By ignoring this mandate, ICE not only violates statutory law but also erodes the separation of powers that sustains our democracy.

LDAD’s defense of congressional oversight is part of a broader initiative led by Professor Julie Goldscheid and former Judge Rosalyn Richter, who have been sounding the alarm about the administration’s executive edicts and their alignment with Project 2025—the authoritarian blueprint advanced by the Heritage Foundation. In her recent Fulcrum column, Project 2025 in Action: Sounding the Alarm for Democracy,” Professor Goldscheid warned:

“Since taking office in January 2025, the Trump administration has systematically taken steps to implement Project 2025… These actions touch on virtually every aspect of public and private life, leaving many Americans across the country overwhelmed, confused, exhausted, and frightened.”

She also offered a powerful call to action:

“Each of us can take steps to support—and perfect—our democracy… The value of the right to speak freely, to celebrate dissent even when uncomfortable, to have a say in our government, to live free from surveillance and the threat of unwarranted punishment, demands no less.”

LDAD was founded to galvanize lawyers in defense of the rule of law amid unprecedented threats to democratic governance. Their mission is nonpartisan and rooted in the belief that legal professionals have a unique responsibility to:

  • Uphold democratic and legal principles consistent with their ethical obligations
  • Demand accountability from lawyers and public officials
  • Call out attacks on legal norms and advocate for redress
The Neguse brief is a call to conscience for the legal profession. Lawyers are stewards of the rule of law. When executive agencies defy congressional oversight, it is our duty to respond. This case is not merely about access—it is about accountability. It is about whether Congress can fulfill its constitutional role without obstruction. And it is about whether lawyers will rise to defend the democratic architecture that makes such oversight possible.

Read More

Day of Endangered Lawyer
woman in gold dress holding sword figurine

Day of Endangered Lawyer

Each year in January a variety of international organizations of lawyers including several Bar Associations and Law Societies commemorate the International Day of the Endangered Lawyer. The recognition began in 2009, dedicated to the memory of five lawyers murdered in the 1977 Atocha massacre in Madrid. The day marks the observance that, around the world (usually in tyrannical regimes), lawyers face threats, intimidation, and retaliation for carrying out their legitimate professional responsibilities of defending human rights and liberties while upholding the rule of law. Historically, the recognitions have focused on, for example, Belarus 2025; Iran 2024; Afghanistan 2023; Colombia 2022; Azerbaijan 2021; Pakistan 2020; Turkey 2019; Egypt 2028; China 2017, and so on. Traditionally, the focus has been on countries; we in the common law system might have considered them less developed than, say, the UK, US, Canada, and Australia.

This year is different. This year, the international organizations chose to focus on the United States of America as the place where lawyers and the rule of law are under severe threat.

Keep ReadingShow less
Warrantless Surveillance and TPS for Haitians

Bamilia Delcine Olistin restocks product at Bon Samaritain Grocery, a Haitian-owned grocery, on February 3, 2026 in Springfield, Ohio. A federal judge issued a temporary stay blocking the Trump administration's attempt to strip Temporary Protected Status (TPS) for Haitian immigrants, but Haitian TPS beneficiaries and residents of Springfield continue to face uncertainty over their protected status.

Getty Images, Jon Cherry

Warrantless Surveillance and TPS for Haitians

Warrantless Surveillance

Almost 3 weeks ago, House Republicans appeared to be spitting mad because the Senate had had the temerity to pass a DHS funding agreement overnight by unanimous consent and then recess. The Senate did that because it was the best deal that could get passed. (The House still hasn’t acted on that Senate DHS funding bill.)

But last night, around 2 am, the House passed a 10 day extension of existing Foreign Intelligence Surveillance Act Section 702 authorities by unanimous consent and then recessed until Monday. Apparently, it’s fine when the House does it. Why did the House do this? Because it was the best deal that could get passed.

Keep ReadingShow less
​U.S. Rep. Sheila Cherfilus-McCormick, sitting behind a desk, appearing for a hearing.

U.S. Rep. Sheila Cherfilus-McCormick (D-FLA) appears for a hearing of the House Ethics Committee on Capitol Hill on March 26, 2026 in Washington, DC.

Getty Images, Andrew Harnik

Rep. Cherfilus-McCormick Faces Expulsion Over Pocketing Overpayment

Rep. Cherfilus-McCormick (D-FL20) has been charged by the federal government with “stealing federal disaster funds, laundering the proceeds, and using the money to support her 2021 congressional campaign.” The House Ethics Committee additionally is investigating her for incorrectly filing financial disclosures, accepting voluntary services for work that should have been paid, and of using her position to direct community project funding requests.

It all started with two extra zeros. Cherfilus-McCormick’s family business Trinity Health Care billed the state of Florida for $50,578.50 but mistakenly received $5,057,850.00. Rather than return the overpayment, she and other family members seem to have used most of that overpayment to fund her election campaign. She is also accused of setting up straw donor systems and filing false 2021 tax returns.

Keep ReadingShow less
Women gathered in circle.

Somali women and girls prepare for a buraanbur performance at the Tukwila Community Center on Jan. 24, 2026.

Patty Tang

As Immigration Hearings Accelerate, Somali Asylum Seekers Fear Losing Due Process

Across the Seattle region, Somali families are living with a level of fear that few others in our city fully see. This fear is rooted in sudden immigration court changes and in a national climate that feels increasingly unstable for people seeking asylum.

In recent months, immigration attorneys in multiple states, including here in Washington, have reported that Somali asylum hearings were abruptly rescheduled to earlier dates, in some cases moved forward by months or even years. Families who believed they had time to prepare are now scrambling to gather documentation, secure legal representation, and revisit traumatic experiences under compressed timelines.

Keep ReadingShow less