Appeals court rules ICE must give members of Congress unfettered access

A federal appeals court upheld a lower court ruling that gave members of Congress unfettered access to ICE detention facilities, saying the agency was breaking the law by slapping restrictions on their comings and goings.

The U.S. Circuit Court of Appeals, in a 3-0 ruling, allowed a preliminary injunction to stand. That blocks U.S. Immigration and Customs Enforcement’s rules while the case continues to develop.

The court didn’t issue a majority opinion but Judge Neomi Rao, a Trump appointee, did write separately to say that while she thinks ICE may eventually prevail, because the lawmakers lack legal standing to bring their suit. She said she doesn’t think individual members of the House can sue in this manner.

But she said there wasn’t enough injury to the government right now to stay the lower court injunction.

“The members have no standing to maintain this lawsuit, so the government is very likely to succeed on the merits of its appeal. But at this stage the government has not sufficiently substantiated its claim of irreparable injury,” she wrote.

Under a spending law, ICE is required to give members of Congress access whenever they request it. That applies to both full detention facilities where migrants can be detained for months and to processing locations where migrants are held for hours or days, the lower judge ruled.

Congressional staff members can visit with 24 hours’ notice.

Homeland Security had tried to impose new rules requiring at least seven days’ notice before visits.

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• Stephen Dinan can be reached at sdinan@washingtontimes.com.