Dear John,
Lawyers Defending American Democracy has filed an amicus brief in support of Neguse v. Immigration & Customs Enforcement, arguing that ICE’s policy restricting unannounced visits by Members of Congress “directly violates federal law.” Twelve Members of Congress filed this lawsuit to challenge ICE’s new requirement that lawmakers provide seven days’ notice before visiting ICE detention facilities.
At the plaintiffs’ request, LDAD’s amicus brief focuses on two core issues: standing and appropriations law. The denial of access harms individual Members of Congress by violating a statutory right unique to them. In addition, the fact that the provision explicitly granting access without prior notice is in an appropriations bill does not affect its legal enforceability.
“Federal law explicitly protects Members of Congress’ right to unannounced oversight visits,” said Mitt Regan, McDevitt Professor of Jurisprudence at Georgetown University Law Center and a principal author of the brief. “ICE’s policy violates both the letter and spirit of that law.”
Read more here.
Professor Julie Goldscheid and former judge Rosalyn Richter have been co-chairing LDAD’s important initiative demonstrating the link between this administration's executive edicts and the Project 2025 authoritarian playbook and explaining why this should matter to us all. In a new contribution to this series, Professor Goldscheid wrote movingly about the dangers of this moment and our obligation to respond:
“Each of us can take steps to support – and perfect – our democracy, whether through talking with friends, family, and neighbors, contacting elected representatives, or exercising our right to protest. The value of the right to speak freely, to celebrate dissent even when uncomfortable, to have a say in our government, to live free from surveillance and the threat of unwarranted punishment, demands no less.”
Please see: Project 2025 in Action: Sounding the Alarm for Democracy
LDAD invites you to save the date for an important upcoming webinar on Tuesday, November 4, 2025, from 4:00 to 5:00 pm, eastern. As part of LDAD's Meeting the Moment initiative, this webinar will feature three of the nation’s most eminent First Amendment scholars for an all-too-timely conversation entitled: “Free Speech Under Siege – Echoes of McCarthyism.”
Moderated by LDAD board member Professor Gary Simson, the program will bring you University of California Berkeley Law School Dean Erwin Chemerinsky, New York Law School professor and former ACLU president Nadine Strossen, and University of Pennsylvania Law School professor Kermit Roosevelt. Registration information will follow soon!
Thank you,
Lawyers Defending American Democracy
P.S. We are living in extraordinary times that require constant advocacy to reverse the significant democratic backsliding that we are experiencing. LDAD’s work depends on individual contributions like yours. Please join us in our efforts by donating to LDAD, a 501(c)(3) organization.
