Kristi Noem has moved decisively to restore order at ICE facilities by reinstating a requirement that Members of Congress submit visit requests at least seven days in advance, using funds from the One Big Beautiful Bill Act to do it. This change responds to a volatile environment after the shooting death of Renee Nicole Good and after a court ruling had blocked a similar notice requirement. Noem frames the rule as a safety measure to protect staff, detainees, and ICE personnel, and she signals that she will not tolerate political theater that endangers lives. The result is a clearer, enforceable process for oversight visits while pushing back against lawmakers who want to show up unannounced and inflame tensions.
The updated guidance requires Members of Congress to give a week’s notice before visiting ICE detention sites, reinstating the kind of advance warning that had been halted by a federal judge. Secretary Noem acknowledged she disagrees with the court’s decision but said DHS can rely on OBBBA funds that are not constrained by the limitations the judge cited. The stated purpose is straightforward: use available resources to provide necessary security and planning for any congressional visit. That means fewer surprise drop-ins and fewer opportunities for activists and politicians to create chaotic, high-emotion scenes inside facilities.
Noem emphasized in a memo to acting ICE director Todd Lyons that the policy responds to “an increasing trend of replacing legitimate oversight activities with circus-like publicity stunts, all of which creates a chaotic environment with heightened emotions.” Those are her words, and they cut to the problem: some lawmakers and their supporters treat detention facilities like stages instead of places where safety and order matter. The policy is framed as a protective measure for everyone involved, not a stunt to quiet legitimate oversight. Proper oversight can be done responsibly with notice and coordination.
Last weekend, three House Democrats from Minnesota attempted to enter a detention site in Minneapolis and were turned away, which prompted a public outcry and a social media post asserting oversight rights. Rep. Ilhan Omar stated, “Members of Congress have a legal right and constitutional responsibility to conduct oversight where people are being detained.” That constitutional claim is serious, and oversight is essential, but the administration argues oversight should not come at the cost of safety or by enabling aggressive crowds. Advance notice preserves oversight while preventing situations that put detainees, staff, and law enforcement at risk.
The practical reasons for the seven-day notice are plain: it gives facility managers time to coordinate logistics, address security concerns, and avoid surprise confrontations that can escalate. ICE facilities house individuals accused or convicted of serious crimes, and the agency must anticipate risks when outside groups plan visits. Noem stressed that many detainees are dangerous offenders and that the agency’s primary duty is to keep staff and the public safe while carrying out the law. That reality drives a policy that favors planning over impulsive political theater.
Democrats have already signaled litigation is coming, saying they will challenge Noem’s directive in court rather than accept the procedural change. Legal battles are expected and headline-grabbing, but the administration has a clear legal and administrative pathway by relying on OBBBA funds to implement the rule. Courts will weigh constitutional oversight rights against the government’s authority to secure facilities and use appropriated funds for safety measures. Until those issues are resolved, the seven-day notice stands as the operational rule for congressional visits.
The debate highlights a broader clash over how oversight is conducted and what tactics are acceptable in pursuit of political goals. Some members of Congress favor dramatic, unannounced visits that draw media and public attention, while the administration insists those tactics can create volatile conditions. Noem’s approach prioritizes orderly, predictable procedures that reduce risk and allow ICE to maintain custody and safety at detention sites. That is a policy choice rooted in law enforcement realities, not political theater.
Public safety, the protection of staff, and the dignified treatment of detainees are the administration’s stated priorities in reinstating the notice requirement. Secretary Noem’s action signals a willingness to use available funding authorities to enforce procedures that prevent chaotic encounters. Whether the courts uphold that approach will shape future interactions between Congress and field facilities. For now, the one-week notice rule is back, and the message is clear: plan your oversight, don’t stage a circus.
Democrats, of course, intend to Noem’s new directive in court.
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