Biden judge sides with Democrats against ICE restricting surprise 'oversight' visits from Congress members

Feb 2, 2026 - 17:28
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Biden judge sides with Democrats against ICE restricting surprise 'oversight' visits from Congress members


U.S. District Judge Jia Cobb issued a temporary restraining order requested by 12 Democratic lawmakers to stop Immigration and Customs Enforcement officials from blocking surprise oversight visits by members of Congress.

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Democrats have claimed the surprise visits are part of the oversight function granted to Congress, but the Trump administration has resisted the claims and tried to restrict their visits.

'The decision is a victory for accountability, congressional oversight and for the American people.'

The Department of Homeland Security issued policy guidelines that required seven days' notice before such a visit to detention facilities, but Cobb struck those down.

Cobb previously ordered that specific funds could not be used to shut out the oversight visits, but DHS issued a new policy that depended on funds from the One Big Beautiful Bill Act passed by Congress. They argued that this allowed them to circumvent the original finding.

The judge disagreed.

Democratic Rep. Joe Neguse of Colorado, who is one of the lawmakers who sued the government, praised the ruling on social media.

"The Court just granted a restraining order against the Trump administration in my lawsuit, Neguse et al. v. ICE et al.," he wrote. "The decision is a victory for accountability, congressional oversight and for the American people. I'll keep fighting to ensure the rule of law prevails."

One such visit to the ICE detention center in Newark, New Jersey, in May led to the arrest of a Democratic mayor who was charged with trespassing. That charge was later dropped, and the mayor is now suing the interim U.S. attorney in New Jersey.

However, federal interference charges against Democrat Rep. LaMonica McIver of New Jersey in the same incident went forward after she was accused of shoving an ICE officer. She faces 17 years in prison if convicted of the charges.

RELATED: 'State-of-the-art': GOP congressman pre-empts Crockett's 'grandstanding' with glimpse inside ICE facility in Texas

President Donald Trump weighed in on the charges against McIver on social media and denied allegations that they were politically motivated.

"Give me a break. Did you see her?" Trump wrote. "She was out of control! She was shoving federal agents. The days of that crap are over! We’re going to have law and order!"

Cobb was appointed to the court by former President Joe Biden.

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