MINNEAPOLIS (AP) — A federal judge has issued a ruling that mandates the Department of Homeland Security (DHS) provide immigrants detained in Minnesota immediate access to attorneys after they are taken into custody and prior to any out-of-state transfer.
U.S. District Judge Nancy Brasel issued the emergency restraining order on Thursday, highlighting that the logistical barriers faced by detainees at the Bishop Henry Whipple Federal Building had likely resulted in violations of their constitutional rights.
The order is temporary, valid for two weeks unless further extended, and underlines the government's responsibility to uphold the rights of civil detainees amidst recent immigration enforcement operations.
“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,” Brasel stated in her 41-page ruling.
This ruling follows a lawsuit filed by The Advocates for Human Rights and a detainee, who argued that individuals detained at the Whipple facility have been systematically denied adequate access to legal counsel. Attorney Jeffrey Dubner informed the court that although detainees can make phone calls, they are often monitored by ICE personnel, inhibiting their ability to communicate freely with their lawyers.
Justice Department attorney Christina Parascandola argued during proceedings that detainees have sufficient access to counsel and unmonitored phone calls but later conceded that she had never visited the Whipple facility.
Judge Brasel disputed these claims, finding that the evidence presented indicated detainees frequently faced overwhelming obstacles in securing legal representation. Many detainees reportedly are swiftly relocated without notice, making it nearly impossible for attorneys to keep track of their whereabouts.
The judge concluded that all detainees at the facility must be allowed to contact an attorney within an hour of their detention and before any transfer occurs. Furthermore, she directed that this access must include accurate information about legal service providers and unrestricted, private use of telephones.
“The court has made clear that the previous administration’s approach to immigration enforcement is unlawful and violates fundamental rights,” remarked Democracy Forward President Skye Perryman, a member of the plaintiffs’ legal team, emphasizing that access to legal counseling is a basic right in the U.S.
The ruling underscores the need for ongoing advocacy and legal reforms to ensure the protection of detainees' rights in the face of systemic challenges in immigration enforcement.
