Federal Judge Upholds Immigrants' Right to Legal Counsel in Minnesota Detention

Fri Mar 27 2026 02:08:09 GMT+0000 (Coordinated Universal Time)

In a landmark ruling, a federal judge has mandated immediate access to legal counsel for immigrants detained in Minnesota, ensuring their constitutional rights are protected.

U.S. District Judge Nancy Brasel has extended her order requiring that detained immigrants in Minnesota be allowed to contact attorneys within one hour of their arrest. The ruling aims to eliminate barriers imposed by Immigration and Customs Enforcement (ICE) that block communication between detainees and their legal representatives. The decision reflects ongoing concerns about the treatment of noncitizens during detentions, especially in light of previous immigration crackdowns.

MINNEAPOLIS (AP) — A federal judge has reaffirmed her order that immigrants detained in Minnesota must have immediate access to attorneys at the time of arrest, preventing them from being transferred out of state without legal counsel. U.S. District Judge Nancy Brasel issued a preliminary injunction directing the U.S. Immigration and Customs Enforcement (ICE) to ensure that detainees at the Bishop Henry Whipple Federal Building can communicate privately with their lawyers.

Judge Brasel emphasized that due process should not be obstructed, commenting, 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.

This decision follows previous orders, including a temporary restraining order issued in February, highlighting the government's failure to uphold constitutional rights during the immigration enforcement operations known as Operation Metro Surge.

The requirement mandates that every noncitizen detained must be allowed to contact an attorney within an hour of their detention, and they must not be transferred out of Minnesota for 72 hours, allowing ample time for legal representation to prepare. The lawsuit was filed by The Advocates for Human Rights, arguing that the rights of detained immigrants are foundational under U.S. law.

Michele Garnett McKenzie, executive director of the public interest law firm, stated, 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. The ruling is an essential step in ensuring that immigrants in detention can adequately defend their rights.

Despite government assertions of compliance, local immigration attorneys reported difficulties in reaching their clients and retrieving pertinent information about their cases. The judge's order remains in effect pending further developments.