MINNEAPOLIS (AP) — A federal judge has mandated the Department of Homeland Security (DHS) to allow detained immigrants in Minnesota access to attorneys immediately after their detainment and before any potential transfer out of state.
In an emergency restraining order issued by U.S. District Judge Nancy Brasel on Thursday, she noted that detainees at the Bishop Henry Whipple Federal Building face significant logistical barriers in reaching legal counsel, which likely infringes upon their constitutional rights.
The temporary order is effective for two weeks unless extended by the judge. It appears that in planning for Operation Metro Surge, the government failed to take into account the constitutional rights of its civil detainees, Brasel stated in her ruling. She dismissed DHS arguments that enhancing access to counsel might lead to 'chaos.'
The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights, she emphasized.
DHS officials have not yet commented on the ruling. The Advocates for Human Rights and a detainee filed the lawsuit last month, asserting that individuals held at Whipple are denied sufficient access to legal representation despite facing potential deportation. Attorney Jeffrey Dubner explained that while detainees may make phone calls, the presence of ICE personnel often compromises confidentiality.
Justice Department attorney Christina Parascandola argued in court that detainees have unrestricted access to counsel and can make unmonitored phone calls. However, she admitted to never having entered the Whipple facility.
Ultimately, Judge Brasel concluded that substantial evidence indicates detainees encounter overwhelming obstacles in connecting with their attorneys. She referenced testimonies from The Advocates for Human Rights that highlighted how detainees are often moved unexpectedly, complicating attorneys’ efforts to locate their clients.
Moreover, the judge remarked on the inadequacy of the online system used to track detainees, which is frequently outdated. It was also noted that detainees often receive only one phone call, observed by ICE staff, and the provided lists of legal resources are not always correct.
Federal agents have denied attorneys access to their clients at times, and detainees reportedly feel pressured into signing voluntary deportation agreements without consulting legal counsel.
Judge Brasel asserted that these impediments severely obstruct attorneys' ability to represent their clients effectively.
The order stipulates that the government must allow every noncitizen in custody at Whipple to contact an attorney within one hour of their detention. Detainees must also receive comprehensive lists of legal service providers, guaranteed access to private phones, and no limitations on calls to lawyers.
Additionally, attorneys need to have the right to visit clients in private settings, and detainees cannot be transferred out of state for the initial 72 hours of their detention. DHS is also required to inform detainees of transfer details, ensuring they can contact legal counsel or family members.
“This court has reinforced that the previous administration's aggressive and inhumane approach to immigration enforcement is unlawful and violates fundamental constitutional rights,” stated Democracy Forward President Skye Perryman, who is part of the plaintiffs’ legal team. “Access to legal representation is a right, not an option, and we will persist in our advocacy to protect it.”
