DHS spokesperson says a week's notice protects the president's constitutional authority
U.S. Department of Homeland SecurityUnnamed DHS spokesperson, in a statement to Fox News Digital
A DHS spokesperson tells Fox News Digital that the seven-day requirement is meant to prevent interference with the president's Article II authority over executive department functions, and that a week is enough to avoid intruding on it.
Responding to
DHS's requirement that members of Congress give seven days' notice before visiting immigration detention facilities, and its exclusion of ICE field offices, violate a federal appropriations provision that bars DHS from using its funds to prevent members from entering those facilities for oversight.
“A week is sufficient to ensure no intrusion on the President's constitutional authority”
Reporting
Where this statement fits
House Democrats sue to keep unannounced oversight visits to ICE detention facilities; DHS says members must give a week's notice
House Democrats say DHS's requirement of seven days' notice before oversight visits to immigration detention facilities violates a spending law. DHS says it enforces the rule only with funds that law does not cover, and DOJ says the members lack standing.
Source and context
Reporting
About this source
Fox News Digital report on ICE's seven-day request rule after the lawsuit was filed, quoting a DHS spokesperson, DHS Assistant Secretary Tricia McLaughlin and Rep. Joe Neguse.
Before the quotation
Fox News reports that, according to ICE's Office of Congressional Relations website, members of Congress must email a visit request at least seven days before the visit.
After the quotation
The spokesperson adds that any request to shorten that time must be approved by the Secretary.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The spokesperson defends the seven-day notice requirement that this case examines, saying it protects the president's constitutional authority.
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More from this case
Read the full caseRobert Garcia says members of Congress have the right to unannounced oversight visits at ICE detention facilities
“As members of Congress, we have the right to conduct oversight at ICE detention facilities through unannounced visits.”Read statement
McLaughlin says Noem's new notice guidance complies with court orders because ICE detention is funded by the One Big Beautiful Bill Act
“Because all ICE detention facilities are funded through the One Big Beautiful Bill Act, Secretary Noem issued this guidance to ensure that DHS and ICE comply with existing court orders”Read statement
Crow says Noem is trying to change the rules to block congressional oversight
“Now, Kristi Noem is trying to change the rules to block congressional oversight and avoid accountability.”Read statement
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The Dispute Index. "DHS spokesperson says a week's notice protects the president's constitutional authority". First published: 2026-11-02. Last updated: 2026-11-02. https://disputeindex.com/events/7771-a-dhs-spokesperson-tells-fox-news-digital-that