WASHINGTON, D.C. — U.S. District Court Judge Jia Cobb Wednesday probed whether the Trump administration has violated her court order, after Minnesota lawmakers said they were denied an oversight visit to a U.S. Immigration and Customs Enforcement facility following a deadly shooting by an immigration officer in Minneapolis.
Democratic Reps. Ilhan Omar, Angie Craig and Kelly Morrison of Minnesota said they were denied entry to the Bishop Henry Whipple Federal Building in Minneapolis last weekend.
An attorney representing the lawmakers, Christine L. Coogle, asked Cobb to make it clear to the Trump administration that her stay order is in place.
Last month, Cobb issued a temporary block on a policy by Homeland Security Secretary Kristi Noem that required seven days notice for lawmakers to conduct oversight visits at ICE facilities.
Cobb found Noem violated a 2019 appropriations law, referred to as Section 527, that allows for unannounced oversight visits at facilities that hold immigrants.
“If the government is using 527 funds to exclude members of Congress from (ICE) facilities, that does run afoul of my order,” Cobb said during Wednesday’s hearing.
Dems eye DHS funding
As the Trump administration has carried out an aggressive immigration campaign, and with Democrats the minority party in both chambers of Congress, unannounced oversight visits to ICE facilities are one of the few tools Democrats can use. The other way they could try to counter the enforcement push is through appropriations to the Department of Homeland Security.
For example, the Congressional Progressive Caucus, which is made up of nearly 100 Democrats, vowed on Tuesday to vote against any DHS appropriations bill unless major changes are made at ICE regarding immigration enforcement.
Separately, Democrats on Wednesday introduced articles of impeachment against Noem. One count is connected to the denial of oversight visits.
New Noem policy after Renee Good killing
One day after federal immigration officer Jonathan Ross killed 37-year-old Renee Good in Minneapolis, Noem issued a new memo for members of Congress who want to conduct oversight visits at ICE facilities.
She required a seven-day notice, nearly identical to the policy that initially prompted the suit from Democrats last year.
Noem argued in her new policy that because those federal ICE facilities are using funds through the spending and tax cuts package, and not the DHS appropriations bill, they are therefore exempt from unannounced oversight visits by members of Congress.
In an emergency request, Democrats argued the funds DHS is using apply under Section 527, and DHS is violating Cobb’s stay.
Cobb said on Wednesday she could not make a determination if her order was violated until she can get a clear answer from the Trump administration as to the source of the funds. She directed Department of Justice lawyers to determine what it is.
Funding stream question
In court filings, DOJ argued the facilities are funded through the “One, Big, Beautiful Bill Act” passed and signed into law last year, and that DHS does not need to comply with Section 527.
The OBBBA, passed through a congressional process called reconciliation, is allowed to adjust federal spending even though it is not an appropriations law.
Coogle said until OBBAA, the only funding for ICE came from appropriations, and argued the two funding streams can’t be separated. She said the Trump administration is trying to “make a game here” with appropriations law.
“Appropriations are not a game. They are the law,” Coogle said.
The House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com.
