""It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees," Brasel wrote of the Trump administration's immigration crackdown in Minnesota that was officially declared over on Thursday. "The government suggests - with minimal explanation and even less evidence - that doing so would result in 'chaos,'" added the judge, whom Trump appointed during his first term."
"Driving the news: Brasel in the emergency restraining order ruled ICE must give detained immigrants access to attorneys as soon as they've been taken into custody. The order that will remain in effect through Feb. 26 comes after a class-action lawsuit was filed last month against defendants including Immigration and Customs Enforcement, Department of Homeland Security and Homeland Security Secretary Kristi Noem. The suit alleges that people were being detained without access to lawyers"
Judge Brasel issued an emergency restraining order requiring ICE to provide detained immigrants prompt access to attorneys upon custody, effective through Feb. 26. The order followed a class-action lawsuit naming ICE, DHS and Homeland Security Secretary Kristi Noem that alleges detainees were held without lawyer access and denied confidential communication; DHS denied the claim. Brasel found that obstacles at the Whipple facility amounted to an unconstitutional infringement of access to counsel and criticized planning failures tied to Operation Metro Surge, rejecting the government's 'chaos' rationale for failing to protect detainees' rights. Federal judges have frequently ruled against the mass detention policy, with 373 adverse rulings and Biden-, Obama- and George W. Bush-appointed judges accounting for most decisions.
Read at Axios
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