U.S. District Judge Nancy E. Brasel (Trump appointee) issued a 41-page temporary restraining order (TRO) on February 14, 2026, criticizing ICE’s handling of detainees at the Bishop Henry Whipple Federal Building in Minnesota. The ruling stems from a lawsuit by The Advocates for Human Rights, filed in late January, alleging violations of the Fifth Amendment (due process), First Amendment, Immigration and Nationality Act (INA), and Administrative Procedure Act (APA). The TRO lasts until 5 p.m. on February 26, with a hearing that day.
Core Violations Found
The judge ruled plaintiffs likely to succeed on their Fifth Amendment claim, focusing on ICE’s denial of counsel access amid “Operation Metro Surge” (intensified enforcement since December 2025). Evidence showed ICE’s policies effectively block confidential attorney communication:
- Frequent, unannounced transfers: Detainees moved quickly out-of-state without notice, making representation “substantially more difficult.” ICE’s detainee locator system often fails due to untimely or inaccurate updates—attorneys learn locations via habeas responses.
- Phone access issues: Limited to one call in open areas (overheard by staff/detainees); hard-to-use phones; incoming attorney calls get busy signals or ring endlessly. Many detainees lack attorney contacts upon detention.
- Email failures: Unmonitored; agents ignore even release orders (one laughed off checking).
- In-person bans: Attorneys denied visits outright, with ICE claiming it would require visits for “everyone.”
The judge rejected ICE’s vague declarations, calling the evidence gap “too wide and too deep.”
Remedies Ordered
The TRO mandates immediate fixes for Minnesota detainees:
- Prompt attorney access (visits, confidential calls/emails).
- Advance notice and disclosure of transfers.
- Functioning locator system and private communication options.
Brasel emphasized: The government can’t arrest thousands then ignore rights due to “chaos”—planning must include constitutional protections.
Broader Context and Implications
This highlights tensions in Trump’s second-term immigration push, where rapid enforcement clashes with due process rights for civil (not criminal) detainees. Noncitizens retain Fifth Amendment counsel access, per precedents like Gagnon v. Scarpelli (1973) and immigration cases. The footnote nods to First Amendment issues (e.g., petition rights), potentially expanding at the hearing.
For your South Carolina interests, similar suits have arisen in states like Texas and Georgia over ICE facilities—watch for parallels in detainee rights amid federal surges. Operation Metro Surge targets urban areas; Minnesota’s ruling could influence national policy.
