
美国联邦上诉法院一个合议庭周二对特朗普政府的主张表示怀疑,该政府声称国会个别议员无权就一项禁止他们对移民拘留设施进行突击探访的规定提起诉讼。
A panel of US appeals court judges on Tuesday was skeptical of claims by President Donald Trump's administration that individual members of Congress cannot sue over a rule barring them from making unannounced visits to immigrant detention facilities.
美国哥伦比亚特区联邦巡回上诉法院三名法官组成的合议庭周二就美国国土安全部试图恢复2025年该项政策的上诉案件举行了辩论。此前一名法官裁定,该政策干涉了国会的监督权力。
A three-judge panel of the US Court of Appeals for the District of Columbia Circuit heard arguments in the US Department of Homeland Security's bid to revive the 2025 policy after a judge said the policy interfered with congressional oversight powers.
特朗普政府的核心论点,也是周二听证会的焦点,在于起诉阻止国土安全部该项政策的13名民主党议员缺乏起诉资格,因为个别议员不能主张国会权力受到的普遍损害。
The Trump administration's main argument, and the focus of Tuesday's hearing, is that the 13 Democratic lawmakers who sued to block the DHS policy lack standing to do so because individual members cannot assert general injuries to Congress' power.
巡回法官格雷戈里·卡萨斯是特朗普任命的。他说,原告主张的损害属于“信息性”损害,类似于公众成员在寻求政府记录的诉讼中所主张的损害。他说,允许此类公众诉讼,却阻碍议员提起诉讼,这将是奇怪的。
Circuit Judge Gregory Katsas, a Trump appointee, said the injury claimed by the plaintiffs was "informational," akin to what a member of the public would allege in a lawsuit seeking government records. And it would be odd, he said, to allow such public lawsuits while hobbling lawmakers' ability to sue.
“你会认为,平均而言,一名为监督目的寻求信息的(国会)议员,对该信息的重要用途,要比仅仅出于闲散好奇心的‘张三李四’更重要,”卡萨斯对美国司法部的史蒂文·迈尔斯说道。
"You would think, on average, a member (of Congress) seeking information for oversight probably has a more important use for it than just John Q. Public who has idle curiosity," Katsas said to Steven Myers of the US Department of Justice.
迈尔斯告诉合议庭,如果国会议员因个人身份被单独针对区别对待,他们可以提起诉讼。
Myers told the panel that members of Congress can sue if they are singled out for treatment.
迈尔斯说,有效的主张“不是‘你们虐待国会’,而是‘你们虐待我’。”但巡回法官布拉德·加西亚和罗伯特·威尔金斯均表示,每当禁令被适用时,个别国会议员都会受到损害。
A valid claim, Myers said, “is not ‘you're mistreating Congress,' it's ‘you're mistreating me.’”But Circuit Judges Brad Garcia and Robert Wilkins both suggested that individual members of Congress are injured each time the ban is applied.
“当有人到场试图进入移民与海关执法局(ICE)设施时,损害就已显现,而且这种损害因人而异,因为他们很可能希望以截然不同的方式行使监督权,”拜登任命的加西亚说道。威尔金斯是奥巴马任命的。
“The injury manifests when someone shows up and tries to enter an ICE facility, and it's distinct for each person who goes because they’re likely to want to use that oversight in very different ways," said Garcia, an appointee of Democratic former President Joe Biden. Wilkins was appointed by Democratic former President Barack Obama.
特朗普是共和党人,他将打击合法和非法移民作为其第二任期的核心议程。这包括大规模驱逐行动,以及拘留数千名等待法律程序的人。
Trump, a Republican, has made a crackdown on legal and illegal immigration a centerpiece of his second term. That has included a mass deportation campaign and the detention of thousands of people awaiting legal proceedings.
美国国土安全部去年规定,国会议员申请进入美国移民与海关执法局运营的拘留中心,必须提前至少七天提出,理由是“存在重大且有时具有暴力性的事件”。多名民主党当选官员因在拘留设施外抗议或试图进入设施而被逮捕。
DHS last year mandated that members of Congress request access to detention centers operated by US Immigration and Customs Enforcement at least seven days in advance, citing "significant and sometimes violent incidents." A number of Democratic elected officials have been arrested for protesting outside of detention facilities or attempting to enter them.
提起诉讼的议员来自加利福尼亚州、科罗拉多州、马里兰州、密西西比州、纽约州和德克萨斯州。他们表示,未经国土安全部干预的突击访问仍然必要,因为拘留设施往往未能提供基本的护理标准。
The lawmakers who sued come from California, Colorado, Maryland, Mississippi, New York and Texas. They say their unannounced visits, without interference from DHS, remain necessary because detention facilities have often failed to afford basic standards of care.
特朗普第一任期期间通过的一项联邦支出法明确禁止国土安全部要求国会议员“提供进入设施进行监督的事先通知”。华盛顿特区美国地区法官贾·科布去年12月表示,国土安全部的政策违反了该法律。今年1月,科布阻止了国土安全部以其称的独立法律权力颁布的一项相同政策。
A federal spending law adopted during Trump's first term explicitly bars DHS from requiring members of Congress "to provide prior notice of the intent to enter a facility ... for the purpose of conducting oversight.”US District Judge Jia Cobb in Washington, DC, said in December 2025 that the DHS policy violated that law. In January Cobb blocked an identical policy that DHS issued under what it said was a separate legal authority.
提起诉讼的民主党人由“民主前进”组织代表,该组织参与了数十项针对特朗普政府政策的法律挑战。
The Democrats who filed the lawsuit are represented by Democracy Forward, which is involved in dozens of legal challenges to Trump administration policies.
该组织律师克里斯汀·库格尔周二向哥伦比亚特区巡回上诉法院合议庭表示,这些议员并非代表整个国会主张权利,而是主张他们作为私人个体进入拘留中心的权利。
Christine Coogle, a lawyer with the group, told the DC Circuit panel on Tuesday that the lawmakers were not asserting a right on behalf of Congress as a whole, but rather their own private right to access detention centers.
“他们基于专门授予他们的权利来主张受损,而非基于国会的监督权,”库格尔说。
"They are vindicating an injury based on an entitlement that is conferred specifically to them [and] not based on Congress' oversight power," Coogle said.
该案为内古塞诉美国移民与海关执法部案,美国哥伦比亚特区巡回上诉法院,案号26-5072。原告方:民主前进基金会的克里斯汀·库格尔ICE方:美国司法部的史蒂文·迈尔斯美国法官再次阻止特朗普禁止议员突击访问拘留中心的禁令美国法官表示,特朗普不能禁止议员突击访问 ICE 设施特朗普政府对国会访问移民中心设立新限制众议院民主党人起诉特朗普政府阻止他们进入 ICE 设施
The case is Neguse v. US Immigration and Customs Enforcement, US Court of Appeals for the District of Columbia Circuit, No. 26-5072. For the plaintiffs: Christine Coogle of Democracy Forward Foundation For ICE: Steven Myers of the US Department of Justice US judge again blocks Trump ban on lawmakers' surprise visits to detention centers US judge says Trump cannot ban lawmakers' surprise visits to ICE facilities Trump administration puts new limits on Congress visits to immigration centers House Democrats sue Trump administration for blocking their access to ICE facilities