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By Giulia Carbonaro
Senior Reporter
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Homeland Security Secretary Kristi Noem has quietly introduced a new policy, revealed in court late Saturday, restricting congressional visits to immigration detention facilities.
It came after three Minnesota House lawmakers, all Democrats, were refused entry to a detention facility in the Whipple federal building in Minneapolis.
“On January 8, due to escalating riots and political violence targeting buildings and facilities used by ICE, Homeland Security Secretary Kristi Noem issued a directive mandating that any Congressional visits to ICE detention facilities must be made seven days in advance. This was done in order to ensure the safety of staff, law enforcement, visitors, and detainees alike,” Homeland Security Assistant Secretary Tricia Mclaughlin said in a statement to Newsweek.
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Why It Matters
The policy change was introduced a day after the fatal shooting of Renee Nicole Good in Minneapolis by an ICE agent, which has triggered widespread protests and calls by officials and residents for ICE to leave the city.
It is the latest backlash across the country, especially in blue cities and states, against ICE and the White House's aggressive anti-immigration crackdown.
Federal government officials, including Vice President JD Vance and Noem, have thrown their support behind ICE and the agent responsible for shooting Good, claiming it was an act of self-defense.
But the state's Democratic leaders have questioned this narrative, saying that the 37-year-old woman represented no threat when the ICE agent fired three shots in her direction.
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What To Know
The new restrictions, which force lawmakers to give a week’s notice before conducting oversight visits to ICE facilities, went into effect last Thursday.
They were only revealed in court on Saturday, however, after Minnesota Representatives Ilhan Omar, Angie Craig and Kelly Morrison, all Democrats, were refused entry that morning to a detention facility in the Whipple federal building in Minneapolis.
The lawmakers said they were trying to access the facility to check on detainees’ conditions. They, according to Politico, were not informed about the new policy and were initially allowed in, only to be abruptly told to leave the building.
Noem’s order comes in opposition to a federal judge’s order last month to reject a similar policy. U.S. District Judge Jia Cobb of Washington, D.C., said that federal spending laws require unrestricted congressional visits to ICE detention facilities without advance notice.
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But the Homeland Security secretary said that she would use funding coming only from President Donald Trump’s One Big Beautiful Bill (OBBBA) to manage congressional visits—a move that should allow her to avoid federal spending laws’ restrictions.
“A previous court order stated that funding appropriated to DHS by Congress cannot be used to prevent Members of Congress from entering facilities. However, the court also ruled that funding derived from the One Big Beautiful Bill Act is exempt from this limitation,” Mclaughlin told Newsweek.
“Because all ICE detention facilities are funded through the One Big Beautiful Bill Act, Secretary Noem issued this guidance to ensure that DHS and ICE comply with existing court orders. Therefore, requests to enter ICE detention facilities by Members of Congress must be made at least seven days in advance,” she added.
“This is to ensure adequate protection for Members of Congress, congressional staff, detainees, and ICE employees alike. Unannounced visits require pulling ICE officers from their normal duties. This guidance has been issued to protect all parties and ensure that ICE and DHS are fully cooperating with lawful court orders.”
The move has been criticized by several Democratic lawmakers and commentators calling for Noem’s policy to be challenged in court.
Craig told reporters on Saturday: “We were told because this facility is being funded by the Big Beautiful Bill, not the congressional appropriations act, that we would not be allowed to enter the facility. That's complete nonsense…I informed them they were violating the law. They said they didn’t care.”
In a statement to Newsweek, Democracy Forward President & CEO Skye Perryman said: “We won’t stop fighting until access is restored. The lawlessness of this administration and the weaponization of our cities-like that which led to the killing of a US citizen this week—will not go unanswered. We the People know our rights & we will work every single day to defend them.”
What People Are Saying
Homeland Security Secretary Kristi Noem, in her order: “ICE must ensure that this policy is implemented and enforced exclusively with money appropriated by OBBBA.”
Minnesota Representative Ilhan Omar, a Democrat, on X on Saturday: “I was just denied access to the ICE processing center at the Whipple Building. Members of Congress have a legal right and constitutional responsibility to conduct oversight where people are being detained.
“The public deserves to know what is taking place in ICE facilities.”
Talking to reporters on Saturday, she said: “What happened today is a blatant attempt to obstruct members of Congress from doing their oversight duties.”
Democratic Representative Angie Craig of Minnesota, on X: “If Trump and ICE Barbie think they can keep me from doing MY JOB to conduct oversight at federal detention centers like the one I was denied full access to today—they couldn’t be more wrong.”
Democratic Representative Kelly Morrison of Minnesota, on X: “Minnesotans—and all Americans—deserve transparency. We are going to keep fighting for transparency, accountability, and the rule of law.”
Representative Joe Neguse of Colorado, a Democrat, on X: “This policy is a clear attempt to subvert the ruling—a mere three weeks ago—in Neguse et al. vs. ICE et al. We will challenge it in court immediately.”
New York Sun Washington correspondent Matt Rice, on X: “Important to remember that a federal law *signed by President Trump* gives members of Congress the right to visit all DHS detention facilities, including ICE detention centers. Lawmakers have the right to show up whenever they see fit.”
What Happens Next
The backlash against ICE is unlikely to subside anytime soon, especially after the FBI retracted its offer of cooperation with Minnesota authorities in the investigation into Good’s death.
When talking about whether the FBI should share evidence with state authorities, Trump accused the Minnesota leadership of being “crooked,” likely in reference to a recently discovered fraud scheme involving child care centers in the state run by the Somali community.
Update 1/13/26, 10:54 a.m. ET: This article was updated with comments from Tricia Mclaughlin and Skye Perryman.
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