Trump-Appointed Judge Orders DHS to Restore Lawyer Access at Minnesota ICE Site
U.S. District Judge Nancy Brasel, a Trump appointee, issued an emergency restraining order Thursday finding that policies and practices at the Bishop Henry Whipple Federal Building in Minnesota 'all but extinguish' immigration detainees’ access to counsel and violate their constitutional rights. The order, in a class-action suit targeting ICE, DHS and Secretary Kristi Noem, requires ICE to provide detained immigrants access to attorneys as soon as they are taken into custody and will remain in effect through Feb. 26. Brasel wrote that in planning Operation Metro Surge — the Trump administration’s large-scale crackdown in Minnesota — 'the government failed to plan for the constitutional rights of its civil detainees' and rejected DHS claims that ensuring counsel access would cause 'chaos.' Axios notes Politico’s tally that this is at least the 45th ruling by a Trump-nominated judge against his mass-detention agenda, part of 373 adverse decisions since July, underscoring that even some conservative jurists are balking at the way raids and detention are being run. DHS responded in an email calling allegations of blocked access and 'subprime conditions' at Whipple 'FALSE,' insisting the site is for processing rather than long-term detention and that detainees there can quickly contact lawyers and family, leaving a sharp factual clash between the court’s findings and the department’s defense.
📌 Key Facts
- Judge Nancy Brasel issued an emergency restraining order Thursday requiring ICE to give immigrants access to attorneys as soon as they are taken into custody at Minnesota’s Bishop Henry Whipple Federal Building.
- Brasel found that 'policies and practices' at Whipple 'all but extinguish a detainee’s access to counsel' and constitute an 'unconstitutional infringement' of noncitizens’ rights.
- The TRO, effective through Feb. 26, grew out of a class-action lawsuit against ICE, DHS and Secretary Kristi Noem alleging detainees were held without access to lawyers or confidential communications during Operation Metro Surge.
- Politico’s review cited by Axios says 373 judges have ruled against Trump’s mass detention policy since July, with only 20 favorable rulings from Trump appointees; this is at least the 45th Trump-nominated judge to rule against it.
- DHS called claims of poor conditions and blocked access at Whipple 'FALSE,' saying it is a processing—not detention—facility where immigrants are quickly transferred and have phone access to families and counsel.
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