Judge Orders DHS to Give Minnesota Detainees Access to Lawyers Before Transfers

Ruling finds detainees faced 'insurmountable barriers' to contacting legal counsel

Published on Feb. 13, 2026

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

Why it matters

The ruling is a victory for immigrant rights advocates who have criticized the Trump administration's aggressive immigration enforcement tactics. It highlights concerns about due process and access to legal representation for detainees facing deportation.

The details

The emergency restraining order requires DHS to ensure detainees at the Whipple facility are given an accurate list of legal service providers, free and private access to a telephone, and no limit on the number of calls they can make to their lawyer. Attorneys must also be allowed to visit clients in private rooms seven days a week, and detainees cannot be transferred out of state for the first 72 hours of their detention.

  • 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

U.S. District Judge Nancy Brasel

The federal judge who issued the emergency restraining order against DHS.

The Advocates for Human Rights

The organization that, along with a detainee, sued DHS late last month over the lack of access to lawyers for detainees at the Whipple facility.

Jeffrey Dubner

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

Christina Parascandola

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

Skye Perryman

The president of Democracy Forward, which 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.”

— U.S. District Judge Nancy Brasel

“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

What’s next

The judge's temporary restraining order will remain in effect for two weeks, unless she chooses to extend it. DHS officials did not immediately respond to a request for comment on the ruling.

The takeaway

This court ruling is a significant victory for immigrant rights advocates, who have criticized the Trump administration's aggressive immigration enforcement tactics and lack of due process for detainees. The judge's order underscores the importance of access to legal counsel as a fundamental right, even for those facing deportation.