Judge Orders ICE to Allow Detainees Access to Lawyers in Minnesota

U.S. District Judge Nancy Brasel ruled that ICE's practices during a recent enforcement surge 'all but extinguish a detainee's access to counsel'.

Published on Feb. 13, 2026

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A federal judge in Minnesota has ordered U.S. Immigration and Customs Enforcement (ICE) to ensure that detainees have access to their attorneys, after finding that the agency had blocked thousands of people from seeing their lawyers during a recent enforcement operation. The judge said ICE's practices, including quickly moving detainees out of the state and depriving them of phone calls, 'all but extinguish a detainee's access to counsel'.

Why it matters

The ruling highlights concerns about ICE's treatment of detainees and their access to legal representation, which is considered a fundamental right in the U.S. The case raises questions about the agency's practices during enforcement operations and whether they violate the constitutional rights of those in custody.

The details

In a class action lawsuit filed on behalf of detainees, U.S. District Judge Nancy Brasel, who was appointed by former President Donald Trump, found that ICE had isolated thousands of people from their attorneys during its recent 'Operation Metro Surge' in Minnesota. The judge ordered ICE to stop rapidly transferring detainees out of the state and to allow attorney-client visits and private phone calls.

  • The lawsuit was filed on January 27, 2026.
  • The judge's initial ruling will remain in place for 14 days while the proceedings play out.

The players

Nancy Brasel

A U.S. District Judge who was appointed by former President Donald Trump in his first term.

Democracy Forward

A nonprofit organization that filed the lawsuit on behalf of the detainees.

Skye Perryman

The president of Democracy Forward, the organization that filed the lawsuit.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency that was found to have blocked detainees' access to their lawyers during a recent enforcement operation.

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What they’re saying

“The right to a lawyer is not 'optional' in the U.S.”

— Skye Perryman, President of Democracy Forward (Democracy Forward)

“DHS has been detaining people in a building never meant for long-term custody, shackling them, secretly transferring them out of state and blocking access to counsel and oversight in a deliberate effort to evade accountability.”

— Skye Perryman, President of Democracy Forward (Democracy Forward)

What’s next

The judge's initial ruling will remain in place for 14 days while the proceedings play out. The judge will then decide whether to extend the order or take further action.

The takeaway

This case highlights the ongoing concerns about ICE's treatment of detainees and their access to legal representation, which is considered a fundamental right. The ruling raises questions about the agency's practices during enforcement operations and whether they violate the constitutional rights of those in custody.