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

Judge Nancy Brasel's emergency order requires DHS to ensure detainees at Whipple facility get immediate legal access and restricts out-of-state transfers for 72 hours, addressing constitutional rights violations.

  • On Thursday, U.S. District Judge Nancy Brasel ordered DHS to give detainees at Whipple immediate legal access before transfers, lasting two weeks unless extended.
  • Last month, The Advocates for Human Rights and a detainee sued alleging people held at Whipple face barriers to lawyers while facing deportation.
  • Evidence showed detainees held at Whipple are moved quickly without notice, often offered one phone call near ICE, and attorneys have been rebuffed in person.
  • The ruling requires accurate legal-service lists, telephone access for detainees without limits, private rooms for attorney visits seven days a week, and transfer restrictions for the first 72 hours.
  • Despite assertions, the court rejected DHS claims that reforms would cause `chaos`, with Brasel criticizing surge planning for neglecting detainees' constitutional rights and noting detainees have access to counsel.
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A federal judge ordered the Department of Homeland Security to give immigrants detained in Minnesota access to lawyers immediately after they were arrested and before being transferred out of the state. District federal judge Nancy Brasel issued the emergency restraining order on Thursday, finding that detainees in the Federal Bishop Henry Whipple Building faced so many logistical barriers to contacting a legal adviser that the Department of Hom…

·Washington, United States
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Winnipeg Free Press broke the news in Winnipeg, Canada on Thursday, February 12, 2026.
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