Judge Orders Government to Reach Agreement on Right to Counsel for Minnesota ICE Detainees

Attorneys have until Thursday to resolve access issues at temporary holding facility near Minneapolis

Published on Feb. 9, 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 on ensuring 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 government's claims of adequate access and the advocates' allegations that detainees facing possible deportation are denied adequate in-person meetings with lawyers.

Why it matters

This case highlights ongoing concerns about access to legal representation for immigrants detained by ICE, especially at temporary holding facilities. The judge's comments suggest the government may be downplaying the difficulties detainees face in communicating with lawyers, raising questions about due process protections.

The details

The facility is part of the Bishop Henry Whipple Federal Building, a center of ICE operations that has seen frequent protests. Advocates say detainees are only allowed phone calls with lawyers, with ICE personnel typically nearby. The government claims detainees have access to unmonitored calls anytime, but the judge called that a "tough sell" given the evidence supporting the plaintiffs' claims.

  • The judge gave the government until 5 p.m. on Thursday, February 12, 2026 to reach an agreement with the human rights lawyers.
  • The judge said she will issue a ruling if the sides don't reach at least a partial agreement by the deadline.

The players

Nancy Brasel

The U.S. District Judge overseeing the case.

Jeffrey Dubner

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

Christina Parascandola

A Justice Department attorney defending the government's claims of adequate access to counsel at the ICE facility.

Kelly Morrison

A Democratic U.S. Representative from Minnesota who visited the detention center and said conditions remain poor, with no protocols in place to prevent the spread of measles.

Jake Lang

A supporter of the Trump administration's immigration crackdown who was charged with a felony for 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, Democratic U.S. Representative from Minnesota

What’s next

The judge said she will issue a ruling on the right to counsel issue if the government and human rights lawyers do not reach at least a partial agreement by the Thursday deadline.

The takeaway

This case underscores the ongoing legal battles over access to counsel and due process for immigrants detained by ICE, especially at temporary holding facilities where conditions and protocols remain under scrutiny. The judge's comments suggest the government may be downplaying the difficulties detainees face in communicating with lawyers.