MINNEAPOLIS (AP) — A federal judge on Thursday extended her order requiring that federal authorities give immigrants detained in Minnesota access to attorneys immediately after they are arrested and before they are transferred out of state.
U.S. District Judge Nancy Brasel issued a preliminary injunction mandating that U.S. Immigration and Customs Enforcement (ICE) ensure that individuals detained at a Minneapolis facility can contact lawyers quickly and communicate privately. Due process is not a game of keep-away, the judge stated, criticizing ICE's practices that hindered attorney access. She noted that while the agency acknowledges the right to counsel in theory, it fails to uphold this in practice.
The ruling follows a temporary restraining order issued earlier, highlighting ongoing concerns regarding the treatment of detainees during enhanced immigration enforcement under the previous administration. Judge Brasel underscored that the Constitution does not allow the government to arrest numerous individuals and disregard their rights due to the complexities involved in honoring them.
Under the extended order, every noncitizen detained is required to have the opportunity to contact an attorney within one hour of their detention. Moreover, they must not be transferred out of state within the first 72 hours, allowing both detainees and their attorneys adequate time to prepare legal strategies.
The Advocates for Human Rights, which initiated the lawsuit in January, hailed the decision as pivotal, emphasizing the fundamental right to legal counsel. Attorney Michele Garnett McKenzie 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.
Despite government claims of compliance with prior orders, local immigration attorneys reported ongoing challenges in reaching their clients and obtaining information about their status at the facility. The judge emphasized that compliance is documented but concerns persist regarding the treatment of individuals held at the Whipple facility.
The situation reflects broader debates about immigration enforcement practices and the treatment of detainees in the U.S. As the judgment remains in effect, further proceedings will determine the future of these requirements.
