The DOJ lost its appeal on Friday in a 3-0 ruling regarding the Trump administration’s ICE detention visitation policy. The D.C. Circuit Court upheld a lower court’s decision blocking the policy that required a seven-day advance notice for visits to immigration facilities, despite the DOJ’s appeal.
Background
Democratic lawmakers, led by Rep. Joe Neguse, filed a lawsuit in July after ICE changed its policy to prevent unannounced visits to detention centers. U.S. District Judge Jia Cobb stayed the policy in March, and the DOJ appealed that ruling.
Ruling and Judge Rao’s Opinion
The D.C. Circuit Court denied the DOJ’s request for a stay. Judge Neomi Rao, the only conservative on the panel, agreed but wrote a concurrence, stating that while the government was likely to win on appeal, it didn’t show that unannounced visits caused “irreparable injury.” Rao criticized the DOJ for not substantiating the disruption caused by unannounced visits.
Next Steps
Rao suggested that the DOJ could present further evidence on the harm caused by unannounced visits or argue that the stay without jurisdiction constitutes irreparable harm.
