AMICUS BRIEF

LDAD Files Amicus Brief Backing Unrestricted Congressional Access to ICE Detention Facilities

June 28, 2021

Oct 1, 2025

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Lawyers Defending American Democracy (LDAD) has filed an amicus brief in support of Neguse v. Immigration & Customs Enforcement, arguing that ICE’s policy restricting unannounced visits by Members of Congress “directly violates federal law.” Twelve Members of Congress filed this lawsuit to challenge ICE’s new requirement that lawmakers provide seven days’ notice before visiting ICE detention facilities.

At the plaintiffs’ request, LDAD’s brief focuses on two core issues: standing and appropriations law. The denial of access harms individual Members of Congress by violating a statutory right unique to them. In addition, the fact that the provision explicitly granting access without prior notice is in an appropriations law does not affect its legal enforceability.

“Federal law explicitly protects Members of Congress’ right to unannounced oversight visits,” said Mitt Regan, McDevitt Professor of Jurisprudence at Georgetown University Law Center and a principal author of the brief. “ICE’s policy violates both the letter and spirit of that law.”

Update:  On December 17, 2025, a federal judge issued a 73-page ruling that blocked the Trump administration’s efforts to impose notice requirements on members of Congress seeking to conduct oversight at detention facilities operated by ICE.

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