NATIONAL NEWS

A judge orders DHS to give Minnesota detainees swift access to lawyers before transfers

Feb 12, 2026, 5:16 PM

People attend an anti-ICE protest outside the Bishop Whipple Federal building in Minneapolis, Satur...

People attend an anti-ICE protest outside the Bishop Whipple Federal building in Minneapolis, Saturday, Feb. 7, 2026. (AP Photo/Ryan Murphy)
Credit: ASSOCIATED PRESS

(AP Photo/Ryan Murphy)

MINNEAPOLIS (AP) — A federal judge has ordered the Department of Homeland Security to give immigrants detained in Minnesota access to attorneys immediately after they are taken into custody and before they are transferred out of state.

U.S. District Judge Nancy Brasel issued the emergency restraining order Thursday, finding detainees at the Bishop Henry Whipple Federal Building faced so many logistical barriers to contacting legal counsel that it was likely the Department of Homeland Security had stepped on their constitutional rights.

The order is temporary, and will last for two weeks unless the judge extends it.

“It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees,” Brasel wrote in the 41-page ruling. She rejected arguments by DHS attorneys that suggested changes to improve access would lead to “chaos.”

“The Constitution does not permit the government to arrest thousands of individual and then disregard their constitutional rights because it would be too challenging to honor those rights,” she wrote.

Department of Homeland Security officials did not immediately respond to a request for comment.

The Advocates for Human Rights and a detainee sued late last month, contending people held at Whipple on the outskirts of Minneapolis are denied adequate access to lawyers, even as they face the prospect of deportation. Attorney Jeffrey Dubner told Brasel that detainees are allowed to make phone calls, but ICE personnel are typically nearby.

Justice Department attorney Christina Parascandola told the court last week that people detained at the facility have access to counsel and unmonitored phone calls at any time and for as long as they need. She conceded that she had never entered the Whipple facility.

But the judge found the evidence at this point in the lawsuit showed detainees face often insurmountable barriers to accessing attorneys. She cited evidence presented by The Advocates for Human Rights that showed detainees are moved to new locations quickly, frequently and without notice, leaving attorneys with no way to know where their clients are or how long they will be there.

The transfers happen so quickly that sometimes DHS struggles to locate its detainees, the judge wrote, and the online system used to find detainees isn’t always updated accurately or in a timely manner.

She also noted that detainees appear to be offered one phone call — which is done in earshot of ICE personnel, and is frequently used to contact families — and the list of free and low-cost legal service providers given to detainees isn’t always accurate.

Federal agents have also rebuffed attorneys trying to reach their clients in person, she found, and detainees are often pressured to sign voluntary deportation agreements without being allowed to talk to counsel.

“All of these barriers make it difficult — if not impossible — for attorneys to effectively represent their clients,” the judge wrote.

The order directs the government to ensure that every noncitizen taken into custody and held at Whipple be given the opportunity to contact an attorney within one hour of their detention and before they are transferred out of state.

She also detailed how that access should be given — detainees must be given an accurate list of legal service providers, get free and private access to a telephone, and not be limited in the number of calls they can make to their lawyer.

The judge also said that attorneys must be allowed to visit clients at the facility in a private room seven days a week, and that detainees cannot be transferred out of state for the first 72 hours of their detention.

DHS must inform detainees where they will be transferred, and give them access to the telephone until they can reach an attorney or their family, the judge wrote.

“The court has made clear that the Trump-Vance administration’s overreaching and inhumane approach to immigration enforcement is unlawful and violates basic constitutional rights,” Democracy Forward President Skye Perryman said. The organization is part of the plaintiffs’ legal team. “Access to a lawyer is not optional; it is a fundamental right in America, and we will continue to fight to protect it.”

___ Boone reported from Boise, Idaho.

National News

The Supreme Court is seen on the morning after the conservative majority sided with the Trump admin...

Associated Press

Florida death row inmate seeks stay of execution seeking DNA evidence in 1996 crime

WASHINGTON (AP) — Attorneys asked the Supreme Court Monday to stay the execution of a Florida death row inmate scheduled to die by lethal injection Thursday for the 1996 kidnapping and strangulation of a man who was found nude and emasculated. Daniel Conahan Jr., 72, was sentenced to death for the April 1996 killing of […]

1 hour ago

Troy Jackson, Democratic candidate for U.S. Senate, speaks to attendees at the Southern Maine Labor...

Associated Press

Midterm elections head into the home stretch as candidates hit Labor Day events

PORTLAND, Maine (AP) — Troy Jackson was a longtime labor activist and logger before he unexpectedly became the Democratic nominee for U.S. Senate in Maine. On Monday, he returned to a union hall to tell a packed crowd that workers need to go to the polls this fall — to raise the minimum wage, expand […]

4 hours ago

amazon cargo plane...

Associated Press

Federal investigators probe Amazon cargo jet’s fiery runway crash that killed 5 in Miami

Federal investigators are examining why an Amazon cargo jet barreled off a runway at Miami International Airport and into vehicles.

7 hours ago

FILE - Two women embrace each other as they watch the World Trade Center burn following a terrorist...

Associated Press

One attack, many Americas: Why 9/11 and its many griefs land differently 25 years later

NEW YORK (AP) — When the planes crashed and the buildings fell on that sunny September morning 25 years ago, the shock waves of dismay and grief went far past downtown New York City, rural western Pennsylvania and just outside Washington, D.C. They radiated through every part of the United States in communities large and […]

9 hours ago

This Justice Department grand jury superseding indictment against Malone Lam and his co-defendants ...

Associated Press

Party’s over for crypto scammers who went on a spending spree after a $240 million bitcoin theft

WASHINGTON (AP) — They pulled off one of the largest cryptocurrency thefts in U.S. history, duping a stranger out of bitcoin worth over $240 million. They tried to hide their digital fingerprints, carrying out a sophisticated scheme to launder the proceeds. And then the party started. The scammers — a network of young men in […]

9 hours ago

FILE - A person sweeps outside during the grand opening of the Rose on Colfax, a new affordable hou...

Associated Press

The poorest in the US can’t find housing even as low-income units sit empty

PORTLAND, Ore. (AP) — Mathew Davis, who lives in a homeless shelter in Austin, Texas, would love an apartment of his own. But with the little money he makes donating blood plasma, even a $450-a-month tiny home with no running water and a communal bathroom would be a stretch. Meanwhile, over 4,500 units the city […]

10 hours ago

A judge orders DHS to give Minnesota detainees swift access to lawyers before transfers