Minnesota Judge Orders ICE to Stop Blocking Immigrant Access to Attorneys

Ruling cites 'threadbare' arguments from ICE, says agency made it excessively difficult for detainees and lawyers to communicate.

Published on Feb. 13, 2026

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A federal judge in Minnesota issued a blistering 41-page ruling ordering U.S. Immigration and Customs Enforcement (ICE) to stop obstructing immigrant detainees' constitutional right to access counsel. The judge accused ICE of isolating thousands of people detained at its Minneapolis-area facility from their attorneys, and said the agency's arguments for providing access were not backed by evidence.

Why it matters

This ruling highlights ongoing tensions between immigration enforcement and the legal rights of detainees, as the Biden administration winds down the Trump-era 'Operation Metro Surge' crackdown on the Minneapolis area. The judge's order aims to ensure immigrants can exercise their constitutional rights while in ICE custody.

The details

U.S. District Judge Nancy E. Brasel ordered ICE to take several steps to ensure immigrants and their lawyers can communicate, citing specific examples where the agency made it excessively difficult, such as attorneys being unable to find client detainees or make confidential phone calls with them.

  • The ruling was issued on Thursday, February 12, 2026.

The players

Nancy E. Brasel

A U.S. District Judge in Minnesota who issued the ruling against ICE.

The Advocates for Human Rights

A nonprofit organization that works with immigrants and brought the lawsuit against ICE over access to counsel.

U.S. Immigration and Customs Enforcement (ICE)

The federal immigration enforcement agency that was ordered by the judge to stop obstructing immigrant detainees' access to attorneys.

Donald Trump

The former U.S. President who initiated the 'Operation Metro Surge' immigration crackdown in the Minneapolis area that is now being wound down.

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What they’re saying

“ICE has isolated thousands of people — most of them detained at the Bishop Henry Whipple Federal Building — from their attorneys.”

— Nancy E. Brasel, U.S. District Judge

“The gulf between the parties' evidence is simply too wide and too deep for Defendants to overcome.”

— Nancy E. Brasel, U.S. District Judge

What’s next

The judge's order requires ICE to take specific steps to ensure immigrant detainees can access their attorneys, and the agency will need to comply with the ruling.

The takeaway

This case highlights the ongoing legal battles over immigration enforcement and the rights of detainees, as the Biden administration seeks to roll back some of the more aggressive tactics used under the previous administration. The judge's strong rebuke of ICE's practices underscores the importance of preserving constitutional protections, even for those in immigration custody.