Federal Judge Upholds Immigrant Rights in Minnesota

Fri Mar 27 2026 01:30:41 GMT+0000 (Coordinated Universal Time)

A federal court ruling mandates immediate access to legal counsel for immigrants detained in Minnesota, reinforcing the importance of due process.

A federal judge in Minnesota has extended an order ensuring that immigrants detained by ICE are allowed to contact their attorneys within an hour of detention. Judge Nancy Brasel's ruling highlights the need for due process, preventing the transfer of detainees for 72 hours to allow access to legal counsel. This decision follows a lawsuit advocating for the rights of immigrants during the Operation Metro Surge crackdown.

MINNEAPOLIS (AP) — A federal judge has further affirmed the rights of immigrants in detention in Minnesota, mandating that they must have immediate access to legal counsel. U.S. District Judge Nancy Brasel issued a preliminary injunction ensuring that individuals detained by U.S. Immigration and Customs Enforcement (ICE) at the Bishop Henry Whipple Federal Building can contact their attorneys within one hour of their arrest.

Due process is not a game of keep-away, Judge Brasel stated, criticizing ICE for its failure to properly facilitate communication between detained individuals and their legal representatives. Advocates argue that this decision is crucial for protecting the rights of those potentially facing deportation.

The ruling builds upon a temporary restraining order established in February, when it became clear that ICE had not properly planned for the protection of constitutional rights for detainees amidst heightened enforcement during the Trump administration's Operation Metro Surge.

Judge Brasel emphasized that the U.S. Constitution prohibits the government from knowingly arresting individuals while neglecting to uphold their rights, regardless of the situation's challenges.

The judge's order includes a requirement that no detainees are transferred out of state for at least 72 hours post-arrest, allowing ample time for them to secure legal representation and for their attorneys to act to prevent any transfers.

The Advocates for Human Rights, which filed a lawsuit in January highlighting this issue, welcomed the judge's decision as an assurance of access to counsel. Their executive director stated that such access is integral to avoiding wrongful deportations and ensuring fair legal processes.

Despite claims from ICE officials that they have been compliant with the court's orders, local immigration attorneys reported ongoing difficulties in reaching clients and obtaining timely information regarding their cases. Some attorneys testified that they faced numerous barriers, even when visiting the detention facility.

Overall, this ruling represents a critical step towards upholding the rights of detained immigrants, ensuring they receive necessary legal support during their vulnerable circumstances.