Judge Orders ICE to Allow Detainees Access to Lawyers in Minnesota

Federal court rules ICE blocked detainees' constitutional right to counsel during recent enforcement surge

Published on Feb. 13, 2026

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

Why it matters

The ruling is a victory for immigrant rights advocates who argued ICE was deliberately trying to isolate detainees from their legal representation and oversight. The judge found ICE allocated substantial resources to the enforcement surge but 'suddenly lack[ed] resources when it comes to protecting detainees' constitutional rights.'

The details

The class action lawsuit was filed on behalf of detainees on January 27. The court order requires ICE to stop rapidly transferring detainees out of Minnesota and to allow attorney-client visits and private phone calls. Most detainees are initially held at the Bishop Henry Whipple Federal Building in Minneapolis, but many are immediately transferred out of state with no way for attorneys to contact them.

  • The lawsuit was filed on January 27, 2026.
  • The judge's initial 14-day order was issued on February 12, 2026.

The players

U.S. Immigration and Customs Enforcement (ICE)

The federal law enforcement agency responsible for enforcing immigration laws in the United States.

Judge Nancy Brasel

A federal judge appointed by President Donald Trump in his first term, who ruled that ICE had blocked detainees' access to their attorneys in Minnesota.

Democracy Forward

A nonprofit organization that filed the class action lawsuit on behalf of the detainees, arguing the right to a lawyer is not 'optional' in the U.S.

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What they’re saying

“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, Democracy Forward (Reuters)

“Defendants allocated substantial resources to sending thousands of agents to Minnesota, detaining thousands of people and housing them in their facilities. Defendants cannot suddenly lack resources when it comes to protecting detainees' constitutional rights.”

— Judge Nancy Brasel (Reuters)

What’s next

The judge's initial 14-day order will remain in place while the class action lawsuit proceedings continue.

The takeaway

This ruling highlights ongoing concerns about ICE's treatment of detainees and the importance of ensuring access to legal representation, even during enforcement surges. It underscores the role of the courts in protecting the constitutional rights of immigrants in detention.