A federal judge appointed by President Donald Trump issued a sharply worded ruling Thursday, concluding that the administration violated the constitutional rights of detainees held at an Immigration and Customs Enforcement facility in Minnesota and imposing strict new requirements on federal agents.
Judge Nancy Brasel, who was appointed to the U.S. District Court for the District of Minnesota by Trump in 2018, granted a temporary restraining order against the Department of Homeland Security and ICE over conditions at the Bishop Henry Whipple Federal Building. The case centers on enforcement actions carried out during the administration’s immigration crackdown in the Twin Cities area, known as Operation Metro Surge.
That operation has faced intense criticism and sparked nationwide protests and multiple legal challenges, particularly following the fatal shootings of two U.S. citizens in Minneapolis: Renee Good on Jan. 7 by ICE agent Jonathan Ross, and Alex Pretti on Jan. 24 by Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raymundo Gutierrez. Recent polling has shown public opinion turning against the crackdown, including among some Republicans.
In her 41-page opinion, Brasel criticized what she described as “threadbare declarations…without examples or evidence” submitted by government attorneys who argued that noncitizens detained at Whipple were granted access to legal counsel. She wrote that the plaintiffs provided detailed evidence that thousands of detainees were systematically denied meaningful access to their attorneys, while the defendants — DHS, Secretary Kristi Noem, ICE, Acting ICE Director Todd Lyons, and other senior officials — offered comparatively little.
The judge found persuasive arguments that ICE’s policies and practices at Whipple “all but extinguish a detainee’s access to counsel.” Among the concerns cited were frequent and rapid transfers without notice, failures to accurately update the Online Detainee Locator System, limits allowing detainees only one phone call, and the inability to send mail or email. She also noted that many detainees may not know their attorney’s contact information, making limited phone access especially problematic.
Plaintiffs submitted affidavits from attorneys who said they were denied access to clients and threatened with arrest by heavily armed personnel. They also alleged that detainees were pressured to sign voluntary removal forms without being allowed to consult counsel and were misled about the status of their habeas petitions and other legal rights.
“All of these barriers make it difficult—if not impossible—for attorneys to effectively represent their clients,” Brasel wrote.
The judge rejected government arguments that expanding access to counsel would be overly burdensome or create security risks. She stated that the government could not deploy thousands of agents and detain thousands of people, only to claim it lacked resources to protect constitutional rights.
Under the temporary restraining order, ICE must provide detainees with specified documents within one hour of detention, including a copy of the court’s order and a list of accurate phone numbers for free legal service providers. These materials must be available in English, Spanish, Somali, French, and Hmong, with translators provided as needed.
Detainees must also be granted free, private, unmonitored telephone access within one hour of detention and allowed to make as many calls as necessary to reach counsel or family. Confidential legal calls must be permitted, with a minimum duration of 20 minutes.
The order further requires ICE to update the Online Detainee Locator System in real time and prohibits transferring detainees out of Minnesota within the first 72 hours of detention. If a transfer occurs, ICE must inform the detainee of the destination and allow phone access until they reach counsel or family.
Legal visitation must be permitted seven days a week, with minimum daily hours specified, and private meeting spaces provided. The court also warned against retaliation and ordered ICE to notify all agents at Whipple of the ruling within 12 hours.
Brasel’s order remains in effect until Feb. 26, 2026, with a status conference scheduled for Feb. 24 to assess compliance and consider any modifications.
