MINNEAPOLIS (AP) — A federal judge has ordered the Department of Homeland Security to ensure that immigrants detained in Minnesota are provided with immediate access to attorneys upon their detention at the Bishop Henry Whipple Federal Building. Issued by U.S. District Judge Nancy Brasel, this emergency restraining order arises from concerns that detainees face overwhelming logistical obstacles in contacting legal counsel, potentially infringing on their constitutional rights.
The temporary order, lasting two weeks unless extended, argues that the government's approach to immigration enforcement disregards the rights of civil detainees. The judge indicated that logistical issues should not prevent detainees from communicating with attorneys, stating, '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.'
The order comes after a lawsuit filed by The Advocates for Human Rights and a detainee, underscoring claims that individuals at the Whipple facility are routinely denied adequate access to lawyers while facing possible deportation. Although the Justice Department attorney claimed detainees could contact counsel at any time, evidence presented indicated that many are moved quickly and without prior notice, complicating access to legal representation.
Judge Brasel outlined specific measures to be implemented, including providing detainees with an accurate list of legal service providers, free and private access to phones, and the ability to make as many calls as necessary to reach their lawyer. Furthermore, attorneys must be permitted to visit clients privately, and detainees cannot be transferred out of state for at least 72 hours after detention.
Following the ruling, advocates hailed it as a critical step in ensuring that the rights of immigrants are respected. Skye Perryman, President of Democracy Forward, emphasized: 'Access to a lawyer is not optional; it is a fundamental right in America.'
The temporary order, lasting two weeks unless extended, argues that the government's approach to immigration enforcement disregards the rights of civil detainees. The judge indicated that logistical issues should not prevent detainees from communicating with attorneys, stating, '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.'
The order comes after a lawsuit filed by The Advocates for Human Rights and a detainee, underscoring claims that individuals at the Whipple facility are routinely denied adequate access to lawyers while facing possible deportation. Although the Justice Department attorney claimed detainees could contact counsel at any time, evidence presented indicated that many are moved quickly and without prior notice, complicating access to legal representation.
Judge Brasel outlined specific measures to be implemented, including providing detainees with an accurate list of legal service providers, free and private access to phones, and the ability to make as many calls as necessary to reach their lawyer. Furthermore, attorneys must be permitted to visit clients privately, and detainees cannot be transferred out of state for at least 72 hours after detention.
Following the ruling, advocates hailed it as a critical step in ensuring that the rights of immigrants are respected. Skye Perryman, President of Democracy Forward, emphasized: 'Access to a lawyer is not optional; it is a fundamental right in America.'
