Judge Orders DHS to Provide Detainees in Minnesota Swift Access to Lawyers Before Transfers

Federal judge issues temporary restraining order to ensure immigrants held at Minnesota facility can contact attorneys immediately after being taken into custody.

Published on Feb. 13, 2026

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A federal judge in Minnesota has ordered the Department of Homeland Security to give immigrants detained in the state access to attorneys immediately after they are taken into custody and before they are transferred out of state. The judge found that detainees at the Bishop Henry Whipple Federal Building faced significant barriers to contacting legal counsel, violating their constitutional rights.

Why it matters

The ruling highlights ongoing concerns about the treatment of immigrants in detention and the importance of ensuring access to legal representation, which is considered a fundamental right. It also raises questions about the government's procedures for detaining and transferring immigrants, particularly the logistical challenges that can prevent them from contacting lawyers.

The details

U.S. District Judge Nancy Brasel issued a temporary emergency restraining order, finding that detainees at the Minnesota facility faced numerous obstacles to reaching attorneys, including being moved to new locations quickly and without notice, limited phone access, and pressure to sign deportation agreements without counsel. The judge ordered the government to ensure detainees can contact a lawyer within one hour of being taken into custody and before any transfers out of state.

  • The judge issued the temporary restraining order on Thursday, February 13, 2026.
  • The order will last for two weeks unless the judge extends it.

The players

Nancy Brasel

A U.S. District Judge who issued the temporary restraining order against the Department of Homeland Security.

The Advocates for Human Rights

A nonprofit organization that sued the Department of Homeland Security along with a detainee, contending that people held at the Minnesota facility were denied adequate access to lawyers.

Jeffrey Dubner

An attorney representing The Advocates for Human Rights and the detainee in the lawsuit.

Christina Parascandola

A Justice Department attorney who argued that detainees have access to counsel and unmonitored phone calls at the Minnesota facility.

Skye Perryman

The president of Democracy Forward, an organization that is part of the plaintiffs' legal team.

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What they’re saying

“The Constitution does not permit the government to arrest thousands of individual and then disregard their constitutional rights because it would be too challenging to honor those rights.”

— Nancy Brasel, U.S. District Judge (ksgf.com)

“Access to a lawyer is not optional; it is a fundamental right in America, and we will continue to fight to protect it.”

— Skye Perryman, President, Democracy Forward (ksgf.com)

What’s next

The judge's temporary restraining order will remain in effect for two weeks, unless she chooses to extend it. The Department of Homeland Security has not yet responded to the ruling.

The takeaway

This case highlights the ongoing challenges in ensuring that the constitutional rights of immigrants in detention are protected, particularly when it comes to accessing legal counsel. The judge's ruling underscores the importance of addressing logistical barriers that can prevent detainees from exercising their fundamental rights.