A federal judge in Minnesota has ordered the Department of Homeland Security to provide immigrants detained at the Bishop Henry Whipple Federal Building immediate access to legal counsel before being transferred out of state, finding that current practices likely violated detainees’ constitutional rights.

In a strongly worded 41-page ruling issued Thursday, U.S. District Judge Nancy Brasel granted an emergency restraining order that will remain in effect for two weeks unless extended. The order comes in response to a lawsuit filed by The Advocates for Human Rights and a detainee who argued that immigrants held at the Minneapolis-area facility faced significant barriers to legal representation while facing possible deportation.

“It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees,” Judge Brasel wrote, rejecting government arguments that improving access would create “chaos” in the detention system.

The court found substantial evidence that detainees encountered multiple obstacles when trying to communicate with attorneys. These included rapid transfers to facilities in other states without notice, inconsistent updates to the online detainee location system, and limited phone access in the presence of immigration officers.

“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 judge emphasized in her ruling.

Attorney Jeffrey Dubner, representing the plaintiffs, had previously told the court that while detainees could make phone calls, ICE personnel were typically nearby, compromising confidentiality. In contrast, Justice Department attorney Christina Parascandola had argued that detainees enjoyed adequate access to counsel and unmonitored phone calls, though she acknowledged never having visited the Whipple facility herself.

Judge Brasel’s order includes specific directives for the DHS, mandating that each immigrant detained at the facility must have the opportunity to contact an attorney within one hour of detention and before any transfer out of state. The ruling also requires immigration officials to provide detainees with an accurate list of legal service providers and ensure free, private, and unlimited telephone access to their lawyers.

Additionally, the order stipulates that attorneys must be permitted to visit clients at the facility in private rooms seven days a week, and detainees cannot be transferred out of state during the first 72 hours of their detention. When transfers do occur, the DHS must inform detainees of their destination and provide telephone access until they can reach an attorney or family member.

The judge noted that evidence showed detainees were often pressured to sign voluntary deportation agreements without access to legal counsel. The rapid transfer practices were so chaotic that sometimes DHS itself struggled to locate individuals in its custody.

“All of these barriers make it difficult — if not impossible — for attorneys to effectively represent their clients,” the judge wrote.

Democracy Forward President Skye Perryman, whose organization is part of the plaintiffs’ legal team, praised the ruling: “The court has made clear that the Trump-Vance administration’s overreaching and inhumane approach to immigration enforcement is unlawful and violates basic constitutional rights. Access to a lawyer is not optional; it is a fundamental right in America, and we will continue to fight to protect it.”

The DHS had not responded to requests for comment at the time of reporting.

This case highlights growing tensions surrounding immigration enforcement tactics and constitutional protections for non-citizens. Legal experts note that while the government has broad authority to enforce immigration laws, detention practices must still comply with basic due process requirements, including meaningful access to legal representation.