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 must ensure that detainees at the holding facility in Minneapolis can contact lawyers quickly and communicate with them privately while their cases proceed.
“Due process is not a game of keep-away,” the judge stated. “ICE recognizes detainees’ right to access counsel in theory and written policy, but not in practice.”
This decision follows a temporary restraining order she issued in February. Judge Brasel criticized the failure of the federal agency to adequately protect the constitutional rights of individuals impacted by the previous administration's immigration actions.
The judge reiterated that noncitizens must not be transferred out of state during their first 72 hours in detention, allowing adequate time for them to reach out to attorneys.
The Advocates for Human Rights filed the lawsuit in January, emphasizing the importance of access to legal counsel. They welcomed the ruling, affirming that the ability to communicate freely with an attorney is essential for due process.
Judge Brasel's ruling aims to mitigate the obstacles faced by detainees, ensuring they can defend their rights and avoid unjust outcomes.
As compliance with previous orders was described as “fitful,” local immigration attorneys expressed concern over the barriers to accessing their clients. The ruling remains a crucial step toward enhancing legal support for immigrants in detention.
