Judge Ensures Immigrants in Minnesota Get Prompt Access to Lawyers

Fri Mar 27 2026 01:52:01 GMT+0000 (Coordinated Universal Time)

A federal judge in Minnesota mandates that detained immigrants can contact attorneys within an hour of their detention, enhancing their due process rights.

U.S. District Judge Nancy Brasel has extended her order that requires U.S. Immigration and Customs Enforcement (ICE) to ensure that immigrants detained in a Minneapolis facility have immediate access to legal counsel. The ruling comes after the judge noted significant barriers that detainees faced in connecting with their attorneys, emphasizing the importance of due process for individuals held under immigration enforcement policies.

MINNEAPOLIS (RTW News) — A federal judge has reaffirmed her directive to U.S. Immigration and Customs Enforcement (ICE) to provide detained immigrants in Minnesota with immediate access to lawyers following a recent ruling. U.S. District Judge Nancy Brasel's preliminary injunction stipulates that detainees must be able to reach legal counsel within one hour of their detention.

The ruling emphasizes that ICE must allow these individuals to communicate with their attorneys privately as their cases proceed through the legal system. Judge Brasel articulated her concerns about ICE's practices, stating, Due process is not a game of keep-away... instead, it has placed obstacle after obstacle in front of detainees and their attorneys, blocking communication.\

This order extends from a temporary restraining order issued in February following complaints that ICE failed to protect the constitutional rights of detained individuals during Operation Metro Surge—an initiative aimed at increasing deportations under the previous administration.

The government cannot disregard the constitutional rights of thousands of individuals simply because it is challenging to honor those rights, the judge stated, leading to significant advocacy from groups representing immigrants.

As part of the ruling, individuals detained at the Bishop Henry Whipple Federal Building will not be transferred out of state for the first 72 hours of their detention, affording them necessary time to establish contact with legal counsel.

The Advocates for Human Rights, which filed the lawsuit earlier this year, has welcomed the judge's decision as a significant movement towards ensuring legal rights are upheld for detained immigrants. Michele Garnett McKenzie, executive director of the organization, asserted the critical importance of private communication between detainees and their attorneys in safeguarding against unjust legal outcomes.

The ruling also prompted responses from the Department of Homeland Security, where officials claimed recent compliance with the judge's orders had improved as immigration enforcement efforts scaled down following Operation Metro Surge. However, local immigration attorneys have reported persistent challenges in reaching clients and accessing information about detainees' legal status.

This decision not only underscores the ongoing fight for immigrant rights but also highlights the complexities and difficulties faced by individuals held under federal detention policies.