BREAKING: The Department of Homeland Security is taking a third crack at restricting congressional oversight visits to immigration facilities — a requirement under federal funding laws that is not new to the Trump administration.

On February 2, Homeland Security Secretary Kristi Noem issued a memo asserting the lapse in appropriations for DHS meant there was no Section 527 — the provision protecting the congressional oversight visits — and she was issuing a new and third policy requiring seven-day notice for those oversight visits.

The news was only made public on Monday — a week after U.S. District Judge Jia Cobb issued her order blocking Noem's second attempt at restricting the visits.

The memo, Justice Department lawyers acknowledged on Monday, was issued after Cobb’s February 2 order. It was made public in a Justice Department filing opposing the challenge to Noem’s policy that was brought by members of Congress.

In the filing, DOJ lawyers argued that during the lapse in appropriations for DHS, there was no Section 527, and because Noem signed the new memo during that lapse, the policy wasn't "promulgated" using 527 funds and therefore the seven-day restriction on congressional oversight visits is permissible.