Trump-appointed judge schools DOJ on how to win after government can't do better than 'generalized worries'
Source: Law & Crime
May 9th, 2026, 7:42 am
The DOJ lost at the D.C. Circuit in a 3-0 ruling on Friday after even the lone conservative member of the panel described the Trump administration's claims of harm as little more than "generalized worries."
U.S. Circuit Judge Neomi Rao penned a solo concurrence explaining that she declined to stay a lower court order blocking the administration's ICE detention facility visitation policy not because she doesn't think the government will ultimately succeed on appeal, but because the DOJ didn't show that congressional Democrats' "oversight visits without advance notice impose harms beyond administrative inconvenience."
Democratic lawmakers, led by Rep. Joe Neguse of Colorado, filed suit in July after ICE made policy changes to stop unannounced visits at immigration facilities despite federal law. ICE's website details that the policy required "all requests to visit ICE facilities must be made a minimum of seven (7) calendar days in advance and be coordinated through the ICE Office of Congressional Relations," or else "a denial of access to the facility" would follow.
There's just one problem. "However, at this time, pursuant to a March 2, 2026, court order in Neguse v. Noem, this seven-day notice requirement does not apply," ICE concedes. "All Members of Congress are permitted to visit ICE offices, hold rooms, and detention centers with no notice. However, ICE requires a minimum of twenty-four (24)-hours' advance notice for congressional staff seeking to visit ICE facilities."
Read more: https://lawandcrime.com/high-profile/trump-appointed-judge-schools-doj-on-how-to-win-after-government-cant-do-better-than-generalized-worries-about-surprise-visits-at-ice-facilities/
Full headline - Trump-appointed judge schools DOJ on how to win after government can't do better than 'generalized worries' about surprise visits at ICE facilities
Link to ORDER (PDF) - https://media.cadc.uscourts.gov/orders/docs/2026/05/26-5072LDSN.pdf
REFERENCES
https://www.democraticunderground.com/10143584083
https://www.democraticunderground.com/10143601805
https://www.democraticunderground.com/10143610197
https://www.democraticunderground.com/10143616351
https://www.democraticunderground.com/10143625059
reACTIONary
(7,273 posts).... be giving them any ideas.