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

federal agents stand guard

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

Judge's hand holding wooden hammer

A lawyer breaks down 'rule of law' using everyday analogies—sports, board games—to explain why recent government actions threaten this founding principle.

naruecha jenthaisong/Getty Images

The Rule of Law Is Simple—and Essential to American Democracy

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

Before the first No Kings rally last year, I carefully hand-lettered a sign that I thought perfectly encapsulated the day's theme. On one side, it read “IN THIS COUNTRY, THE RULE OF LAW IS KING." On the other, it read, "A GOVERNMENT OF LAWS, NOT OF MEN (John Adams)." I carried my sign proudly, certain that it would be a big hit. But the only reaction I got was someone asking me, “Are you a lawyer?” I wonder what gave me away.

Keep ReadingShow less
Where Do Territorial Courts Fall in Our Constitutional Framework?

Black and white sketch of a courtroom in session.

illustration provided

Where Do Territorial Courts Fall in Our Constitutional Framework?

The Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook have understandably been read as cases about presidential control over executive officers. But they may have implications for a different and largely overlooked question lurking in a pending Supreme Court case: Who may exercise the judicial power of the United States in the territories?

This question made a cameo appearance in the Slaughter case. The majority noted in a footnote that “a justice of the peace in the District of Columbia” exercises “the judicial power of the District, just as territorial judges exercise the judicial power of their respective territories” — not the executive power. Therefore, the court went on, “the fact that Congress may prohibit the President from firing the District’s judges (who do not exercise his power) says nothing about whether Congress may prohibit the President from firing his subordinates (who do).”

Keep ReadingShow less
The Long Tradition of Lawyers Defending U.S. Democracy

women in a courtroom

Getty Images

The Long Tradition of Lawyers Defending U.S. Democracy

For centuries, lawyers have been leaders in establishing and protecting our democracy and its cornerstone, the rule of law. They have challenged tyrants, whether it be King George III in our nation’s founding or President Trump, a wannabe king, today.

Lawyers swear to do this in an oath, which is a condition of admission to the bar, to “support the Constitution of the United States.” This sworn duty continues a centuries-old tradition.

Keep ReadingShow less
The Trump Administration Is Losing Its Fight to Take Over Elections
Rawpixel/Getty

The Trump Administration Is Losing Its Fight to Take Over Elections

The Trump administration has expended significant resources trying to meddle in elections ahead of the midterms. This coordinated campaign includes attempts to limit who can vote, wrestle away states’ authority over elections, and undermine public confidence in election outcomes. So far, virtually everything the administration has tried has been blocked by courts, failed in Congress, or simply fizzled out.

Currently, the administration is 0–21 in its court cases seeking to amass state voter data. In dozens of states, election officials from both parties have refused to turn over their complete voter rolls, which contain confidential personal information, to the Justice Department. Federal courts from Arizona to Maine have thrown out the department’s lawsuits, ruling that the federal government lacks the power to force states to hand over this data on a mass scale.

Keep ReadingShow less