Judge Orders Government to Reach Agreement on ICE Facility Access

Attorneys must resolve dispute over detainee access to legal counsel by next Thursday

Published on Feb. 7, 2026

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A federal judge in Minnesota has ordered the U.S. government to reach an agreement with human rights lawyers by next Thursday over ensuring the right to counsel for people detained at an Immigration and Customs Enforcement (ICE) facility in the state. The judge said there appears to be a "very wide factual disconnect" between the government's claims of adequate access and the advocates' allegations that detainees face barriers to meeting with lawyers.

Why it matters

This case highlights ongoing tensions over access and due process for immigrants detained by ICE, with advocates arguing detainees are denied adequate legal representation while the government maintains they have sufficient access to counsel. The outcome could set an important precedent for ICE detention policies nationwide.

The details

U.S. District Judge Nancy Brasel gave the Justice Department until February 12 to reach an agreement with the human rights lawyers, who allege detainees at the Minnesota ICE facility are denied in-person meetings with attorneys. The government claims detainees have access to unmonitored phone calls to counsel, but the judge said the "gap" between the two sides' claims is "so enormous" that she's skeptical the government can close it. If no agreement is reached, the judge said she will issue a ruling.

  • The hearing was held on Friday, February 7, 2026.
  • The deadline for the government and lawyers to reach an agreement is 5 p.m. on Thursday, February 12, 2026.

The players

Nancy Brasel

The U.S. District Judge presiding over the case.

Jeffrey Dubner

An attorney representing the human rights lawyers seeking to ensure detainees' access to counsel.

Christina Parascandola

The Justice Department attorney arguing the government's position on detainee access to lawyers.

Kelly Morrison

A Democratic U.S. Representative from Minnesota who has visited the ICE detention facility and criticized the conditions there.

Jake Lang

A supporter of the Trump administration's immigration policies who was charged with damaging an anti-ICE sculpture outside the Minnesota state Capitol.

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What they’re saying

“The gap here is so enormous I don't know how you're going to close it.”

— Nancy Brasel, U.S. District Judge

“It's abundantly clear that Whipple is not at all equipped to handle what the Trump Administration is doing with their cruel and chaotic 'Operation Metro Surge'.”

— Kelly Morrison, U.S. Representative (Statement)

What’s next

If the government and lawyers do not reach an agreement by the February 12 deadline, Judge Brasel said she will issue a ruling on the case.

The takeaway

This case highlights the ongoing legal battles over access and due process for immigrants detained by ICE, with advocates arguing detainees face barriers to meeting with lawyers while the government maintains they have sufficient access. The judge's order for a quick resolution could set an important precedent for ICE detention policies nationwide.