MINNEAPOLIS — A federal court has mandated the Department of Homeland Security (DHS) to ensure that immigrants detained in Minnesota have immediate access to legal counsel. U.S. District Judge Nancy Brasel issued the emergency restraining order, citing significant barriers faced by detainees at the Bishop Henry Whipple Federal Building in communicating with attorneys, potentially violating their constitutional rights.
The temporary order, which is set to last for two weeks unless extended, reflects concerns over the government's handling of immigrant detentions during recent enforcement operations. According to Judge Brasel, the government's lack of planning for detainees' legal access during Operation Metro Surge has led to constitutional infringements.
Detainees often encounter logistical challenges that hinder their ability to contact lawyers in a timely manner. The lawsuit brought forth by The Advocates for Human Rights illustrated that detainees frequently face swift transfers without notice, making it difficult for legal representatives to locate their clients.
The ruling demands that every noncitizen arrested at the Whipple facility be given an opportunity to contact an attorney within one hour of their detention. The judge also prescribed necessary measures to ensure that detainees can communicate freely, including access to private phone calls and visits from attorneys.
The Justice Department had claimed that detainees have adequate access to counsel; however, the evidence presented in court did not support these assertions. Judge Brasel concluded that numerous barriers, such as limited phone access monitored by ICE personnel, hinder the effectiveness of legal representation for these detainees.
The decision has garnered attention from advocacy groups, which argue that access to legal counsel is a fundamental right that must be upheld in order to protect the interests of immigrants facing potential deportation.
The temporary order, which is set to last for two weeks unless extended, reflects concerns over the government's handling of immigrant detentions during recent enforcement operations. According to Judge Brasel, the government's lack of planning for detainees' legal access during Operation Metro Surge has led to constitutional infringements.
Detainees often encounter logistical challenges that hinder their ability to contact lawyers in a timely manner. The lawsuit brought forth by The Advocates for Human Rights illustrated that detainees frequently face swift transfers without notice, making it difficult for legal representatives to locate their clients.
The ruling demands that every noncitizen arrested at the Whipple facility be given an opportunity to contact an attorney within one hour of their detention. The judge also prescribed necessary measures to ensure that detainees can communicate freely, including access to private phone calls and visits from attorneys.
The Justice Department had claimed that detainees have adequate access to counsel; however, the evidence presented in court did not support these assertions. Judge Brasel concluded that numerous barriers, such as limited phone access monitored by ICE personnel, hinder the effectiveness of legal representation for these detainees.
The decision has garnered attention from advocacy groups, which argue that access to legal counsel is a fundamental right that must be upheld in order to protect the interests of immigrants facing potential deportation.
