The Department of Justice failed to secure a stay of a lower court order blocking its policy requiring advance notice for visits to immigration detention facilities. The unanimous ruling from the D.C. Circuit came on Friday after judges found the government had not demonstrated sufficient harm from unannounced congressional oversight. U.S. Circuit Judge Neomi Rao, in a concurring opinion, agreed that the administration fell short despite her view that the government is likely to prevail on appeal.
The policy, implemented by ICE, mandated at least seven days' notice for congressional visits to facilities. It was challenged in a lawsuit led by Rep. Joe Neguse of Colorado and other Democrats, who argued it violated federal law allowing access for oversight. U.S. District Judge Jia Cobb issued a stay in March 2026, and that order remains in effect following the appellate decision.
