MINNEAPOLIS, Minnesota — A federal judge ruled that Immigration and Customs Enforcement likely violated the constitutional rights of detainees in Minnesota by limiting their access to attorneys during a recent enforcement surge.
U.S. District Judge Nancy Brasel issued a temporary restraining order requiring ICE to provide detainees immediate access to phones and legal counsel. The order will remain in effect for two weeks unless modified. Brasel wrote that logistical challenges do not excuse constitutional violations, stating the government cannot “disregard their constitutional rights because it would be too challenging to honor those rights.”
The case stems from a lawsuit filed by The Advocates for Human Rights and a detainee who argued ICE moved individuals without notice, making it difficult for attorneys to locate clients. Evidence presented included detainees sharing limited phones and being pressured to sign voluntary removal forms without consulting counsel.
The Department of Homeland Security disputed the claims, stating detainees receive due process and access to phones and attorney lists. DHS called allegations of substandard conditions “false.”
Brasel ordered ICE to allow detainees to contact lawyers within an hour of detention, provide accurate attorney lists, permit private in-person visits, and impose a 72-hour buffer before transfers out of state.
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