A federal judge has ordered US Immigration and Customs Enforcement (ICE) to guarantee that detainees in Minnesota can access their lawyers, after finding the agency blocked thousands from meeting with attorneys during a recent enforcement operation.
US District Judge Nancy Brasel, appointed by former President Donald Trump, ruled that ICE’s practices during the Operation Metro Surge, including rapidly moving detainees out of the state and restricting phone access, “all but extinguish a detainee’s access to counsel.” The order follows a class action lawsuit filed on January 27 on behalf of detainees. It will remain in effect for 14 days while legal proceedings continue.
Under the court order, the government must halt rapid transfers out of Minnesota and allow attorney-client visits, as well as private phone calls between detainees and their lawyers.
Democracy Forward, a non-profit that filed the lawsuit, said the ruling underscores that the right to legal counsel is mandatory. “DHS has been detaining people in a building never meant for long-term custody, shackling them, secretly transferring them out of state and blocking access to counsel and oversight in a deliberate effort to evade accountability,” said Democracy Forward President Skye Perryman.
ICE did not dispute that detainees have a constitutional right to counsel and stated it does not have a policy of preventing attorney visits. However, Judge Brasel noted that in practice, the agency’s conditions effectively isolated thousands from their lawyers.
The plaintiffs, non-citizen detainees, submitted detailed evidence about their detention conditions that contradicted ICE’s explanations and claims of insufficient resources. “Defendants allocated substantial resources to sending thousands of agents to Minnesota, detaining thousands of people and housing them in their facilities,” Judge Brasel wrote. “Defendants cannot suddenly lack resources when it comes to protecting detainees’ constitutional rights.”
Most detainees are initially held at the Bishop Henry Whipple Federal Building in Minneapolis. According to the ruling, many are immediately transferred out of state without notice, leaving attorneys unable to contact them. Some detainees are moved so frequently and quickly that ICE loses track of their locations, effectively preventing access to legal counsel.
The ruling highlights concerns over ICE’s operational practices in Minnesota and reinforces the constitutional protections for non-citizens in detention. It also places immediate requirements on the agency to adjust its procedures, ensuring detainees can meet privately with their lawyers and communicate by phone.
Legal experts say the case could have broader implications for ICE enforcement tactics across the United States, as it challenges the agency’s ability to carry out large-scale operations without infringing on detainees’ rights.
Judge Brasel’s order provides temporary relief while the class action continues, signaling that courts are closely scrutinizing immigration enforcement practices that may interfere with access to legal representation.
