Federal Judge Extends Order Ensuring Minnesota Immigration Detainees Access to Lawyers

Ruling requires ICE to allow prompt attorney access and communication for detainees at Minneapolis holding facility

Mar. 27, 2026 at 5:18am

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A federal judge in Minnesota has extended a preliminary injunction that requires U.S. Immigration and Customs Enforcement (ICE) to ensure immigrants detained in the state have immediate access to attorneys and can communicate with them privately. The ruling comes after the judge previously found that ICE had placed "obstacle after obstacle" in front of detainees and their lawyers, violating their constitutional rights.

Why it matters

This case highlights ongoing concerns about the due process rights of immigrants in detention, particularly during periods of heightened enforcement like the Trump administration's "Operation Metro Surge." The judge's ruling aims to protect detainees' ability to access legal counsel, which is crucial for challenging deportation and protecting against unjust detention.

The details

The judge's order requires ICE to allow every non-citizen held at the Bishop Henry Whipple Federal Building in Minneapolis to contact an attorney within one hour of their detention. It also prohibits transferring detainees out of state for the first 72 hours to ensure they have time to reach lawyers. The ruling came after the judge previously found ICE was failing to uphold detainees' constitutional rights by blocking communication between clients and counsel.

  • On February 12, the judge issued a temporary restraining order on the issue.
  • On March 26, the judge extended the order with a preliminary injunction.

The players

U.S. District Judge Nancy Brasel

The federal judge who issued the preliminary injunction requiring ICE to ensure prompt attorney access for immigration detainees in Minnesota.

The Advocates for Human Rights

The public interest law firm that filed the lawsuit challenging ICE's restrictions on detainees' access to counsel.

Michele Garnett McKenzie

The executive director of The Advocates for Human Rights, who welcomed the judge's ruling as crucial for protecting due process and preventing unjust deportation.

Jeffrey Dubner

An attorney for the plaintiffs who told the judge that ICE's compliance with the initial order had been "fitful at best."

Christina Parascandola

A government attorney who argued that extending the order with a preliminary injunction was unnecessary, as conditions at the holding facility had "returned to a more manageable pace."

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What they’re saying

“Due process is not a game of keep-away. ICE recognizes detainees' right to access counsel in theory and written policy, but not in practice. Instead, it has placed obstacle after obstacle in front of detainees and their attorneys, blocking communication between clients and counsel.”

— U.S. District Judge Nancy Brasel

“The ability to speak freely and privately to an attorney is crucial to due process and essential to protecting people from unjust rulings, coercive detention, and life-threatening deportation.”

— Michele Garnett McKenzie, Executive Director, The Advocates for Human Rights

What’s next

The judge's preliminary injunction will remain in place pending further proceedings in the case.

The takeaway

This ruling underscores the importance of ensuring immigrants in detention have timely and unimpeded access to legal counsel, in order to safeguard their constitutional rights and due process protections. The case highlights ongoing tensions between immigration enforcement efforts and the fundamental rights of detainees.