Federal Judge Imposes New Conditions on ICE Detention Centers Over Constitutional Violations

Ruling cites 'inhumane' and 'unconstitutional' conditions, orders improved access to legal counsel and phone calls for detainees

Mar. 28, 2026 at 5:10pm

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A federal judge in Minnesota has delivered a scathing rebuke of the Trump administration's Immigration and Customs Enforcement (ICE) agency, finding that the government violated the constitutional rights of detainees at a facility in the state. The judge has now imposed a preliminary injunction with new requirements for ICE to improve access to legal counsel and telephone calls for those in custody.

Why it matters

This ruling highlights ongoing concerns about the treatment of immigrants and asylum-seekers in ICE detention centers, with the judge finding 'devastating' violations of detainees' due process rights. The case underscores the importance of upholding constitutional protections for all individuals, regardless of immigration status, and the role of the courts in checking government overreach.

The details

In a 69-page ruling, U.S. District Judge Nancy E. Brasel, appointed by President Trump, found that ICE agents engaged in a 'pattern and practice' of isolating thousands of detainees at the Bishop Henry Whipple Federal Building in Minnesota, denying them access to attorneys. The judge noted that prior to the government's 'Operation Metro Surge' enforcement actions, the facility had mechanisms in place to facilitate attorney-client communication, but that this access was severely restricted afterwards.

  • In late January, the Advocates for Human Rights, a Minneapolis-based nonprofit, initiated the legal action against the government.
  • In February, Judge Brasel granted a temporary restraining order after finding the evidence 'overwhelmingly' supported the detainees' claims.
  • Now, the judge has transformed the temporary order into a preliminary injunction that will remain in effect unless changed by the court or an appellate court.

The players

Judge Nancy E. Brasel

A U.S. District Judge appointed by President Trump, who delivered the scathing ruling against ICE's treatment of detainees.

Advocates for Human Rights

A Minneapolis-based nonprofit organization that initiated the legal action against the government over ICE's treatment of detainees.

Department of Homeland Security (DHS)

The federal agency that oversees Immigration and Customs Enforcement (ICE).

Immigration and Customs Enforcement (ICE)

The federal law enforcement agency that was the target of the judge's criticism over its 'inhumane' and 'unconstitutional' treatment of detainees.

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What they’re saying

“The Fifth Amendment Due Process Clause is applicable to everyone within the United States, including noncitizens, regardless of their legal status or duration of stay.”

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

“Defendants have made improvements, but Defendants' past violations were not minor infringements incidental to confinement. They devastated detainees' right to due process—a right upon which all others rest.”

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

What’s next

The judge's preliminary injunction will remain in effect unless changed by the court or an appellate court. The case has been certified as a class action covering all noncitizens detained by ICE at the Whipple Federal Building.

The takeaway

This ruling underscores the importance of upholding constitutional protections for all individuals, including immigrants and asylum-seekers in detention centers. It serves as a rebuke of the Trump administration's immigration enforcement tactics and a reminder that the courts play a crucial role in checking government overreach and safeguarding civil liberties.