"Last week, a federal judge issued a temporary restraining order requiring Immigration and Customs Enforcement to allow reasonable time for detainees at the Whipple detention center in Minneapolis to access legal counsel. In a 41-page decision, Trump-appointed U.S. District Judge Nancy Brasel excoriated the government for policies and practices that "all but extinguish" a detainee's right to counsel."
"The Justice Department will likely appeal this order, but in the meantime, how much of a difference will this make for folks swept up by ICE in Minnesota, assuming they get 72 hours before being removed to Texas, per the new order? What kind of a difference will this make for clients like yours?"
"It's going to be a huge difference. But also, it's just returning things to the status quo. And I will be frank, it's not as if the status quo was a paragon of attorney access, but at the same time, there had always been an operative norm that detainees should be able to talk to their lawyers and not suddenly be transported out of state with no ability to let their loved ones know what's going on, and even themselves maybe not knowing what's going on. So this is really important."
A federal judge issued a temporary restraining order requiring Immigration and Customs Enforcement to allow detainees at the Whipple detention center reasonable time to access legal counsel. The judge criticized government policies and practices as effectively extinguishing detainees' right to counsel. The order aims to ensure detainees can communicate with lawyers and loved ones before transfers, with a 72-hour window referenced for removals to Texas. A clinical law professor who represents detained people said the order returns practices to a baseline norm of attorney access and prevents abrupt out-of-state transports that leave detainees unable to coordinate legal representation.
Read at Slate Magazine
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