Judge Orders Government to Reach Deal on Detainee Access to Lawyers

Advocates say ICE facility in Minnesota denies adequate access to counsel for detainees facing deportation

Published on Feb. 8, 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 Thursday to ensure the right to counsel for people detained at an Immigration and Customs Enforcement (ICE) facility on the edge of Minneapolis. The judge said there appears to be a "very wide factual disconnect" between the advocates' claims of inadequate access to lawyers and the government's assurances of adequate access, and she called the government's argument "a tough sell." The judge told both sides to keep meeting with a retired judge mediating the case, and said she will issue a ruling if they don't reach at least a partial agreement by the deadline.

Why it matters

This case highlights ongoing tensions over access to legal counsel for immigrants detained by ICE, with advocates arguing detainees are denied adequate in-person meetings with lawyers while the government claims they have full access. The outcome could set an important precedent for detainee rights at ICE facilities across the country.

The details

Attorneys for the federal government have until Thursday to reach an agreement with human rights lawyers who are seeking to ensure the right to counsel for people detained at the ICE facility in Minnesota. Advocates say detainees facing possible deportation are denied adequate access to lawyers, including in-person meetings, while the government claims detainees have access to counsel and unmonitored phone calls at any time. The judge said the "gap" between the two sides' claims is "so enormous" that she doesn't know how the government will be able to close it.

  • The judge set a Thursday, 5 p.m. deadline for the two sides to reach at least a partial agreement.
  • The hearing took place on February 8, 2026.

The players

Nancy Brasel

The U.S. District Judge overseeing the case.

Jeffrey Dubner

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

Christina Parascandola

The Justice Department attorney arguing the government's case.

Immigration and Customs Enforcement (ICE)

The federal agency operating the detention facility at the center of the case.

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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

“People detained at the facility have access to counsel and unmonitored phone calls at any time and for as long as they need.”

— Christina Parascandola, Justice Department attorney

What’s next

If the two sides do not reach at least a partial agreement by the Thursday 5 p.m. deadline, Judge Brasel said she will issue a ruling on the case.

The takeaway

This case highlights the ongoing legal battles over access to counsel for immigrants detained by ICE, with advocates arguing detainees are being denied their rights while the government claims it is providing adequate access. The judge's order for a quick resolution underscores the urgency of the issue and the potential for the outcome to set an important precedent.