MINNEAPOLIS (AP) — A federal judge has mandated that the Department of Homeland Security (DHS) must provide immigrants detained in Minnesota with immediate access to attorneys after they are taken into custody. This emergency restraining order was issued by U.S. District Judge Nancy Brasel following complaints that detainees at the Bishop Henry Whipple Federal Building struggle to contact legal representation due to numerous logistical barriers, which potentially infringe on their constitutional rights.
Judge Brasel's ruling, which is temporary and will remain in effect for two weeks unless extended, emphasized the failure of the government to consider the constitutional rights of civil detainees. She dismissed DHS attorneys' claims that fulfilling these rights could lead to chaos.
The judge clearly stated, “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.” This decision highlights the critical need for proper legal access for individuals facing deportation.
The Advocates for Human Rights and a detainee had filed the lawsuit, arguing that individuals held at the facility are denied adequate access to legal counsel. While Justice Department attorney Christina Parascandola claimed that detainees have access to counsel and can make unmonitored phone calls, she admitted she had never visited the Whipple facility to verify these claims.
Evidence presented in court suggested that detainees regularly face insurmountable barriers in accessing legal representation. The pace at which detainees are relocated, often without prior notice, complicates communication with attorneys. Furthermore, it was noted that individuals are sometimes offered only one phone call within earshot of ICE personnel, limiting their ability to reach out for legal help.
Judge Brasel's order compels DHS to enable every noncitizen detained at Whipple to contact an attorney within one hour of their detention and before any interstate transfer. It also outlines the necessary provisions for ensuring that detainees receive accurate legal information, gain private access to telephones, and are permitted legal counsel visits in private settings.
Democracy Forward President Skye Perryman stated, “Access to a lawyer is not optional; it is a fundamental right in America, and we will continue to fight to protect it.” This ruling marks a significant step in upholding the legal rights of immigrants in detention, amid ongoing debates about immigration enforcement practices.
Judge Brasel's ruling, which is temporary and will remain in effect for two weeks unless extended, emphasized the failure of the government to consider the constitutional rights of civil detainees. She dismissed DHS attorneys' claims that fulfilling these rights could lead to chaos.
The judge clearly stated, “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.” This decision highlights the critical need for proper legal access for individuals facing deportation.
The Advocates for Human Rights and a detainee had filed the lawsuit, arguing that individuals held at the facility are denied adequate access to legal counsel. While Justice Department attorney Christina Parascandola claimed that detainees have access to counsel and can make unmonitored phone calls, she admitted she had never visited the Whipple facility to verify these claims.
Evidence presented in court suggested that detainees regularly face insurmountable barriers in accessing legal representation. The pace at which detainees are relocated, often without prior notice, complicates communication with attorneys. Furthermore, it was noted that individuals are sometimes offered only one phone call within earshot of ICE personnel, limiting their ability to reach out for legal help.
Judge Brasel's order compels DHS to enable every noncitizen detained at Whipple to contact an attorney within one hour of their detention and before any interstate transfer. It also outlines the necessary provisions for ensuring that detainees receive accurate legal information, gain private access to telephones, and are permitted legal counsel visits in private settings.
Democracy Forward President Skye Perryman stated, “Access to a lawyer is not optional; it is a fundamental right in America, and we will continue to fight to protect it.” This ruling marks a significant step in upholding the legal rights of immigrants in detention, amid ongoing debates about immigration enforcement practices.
