A federal judge extended her order that expands legal protections for people detained in Minnesota, limiting their transfer out of state and reinforcing access to attorneys, according to court filings.Judge Limits ICE TransfersUnited States District Judge Nancy E. Brasel issued a 69-page order on March 26, restricting U.S. Immigration and Customs Enforcement (ICE) from transferring certain detainees out of Minnesota and strengthening requirements that they be allowed meaningful access to legal counsel while in custody."Due process is not a game of keep-away," the judge wrote in court documents reviewed by Newsweek. "ICE recognizes detainees' right to access counsel in theory and written policy, but not in practice. Instead, it has placed obstacle after obstacle in front of detainees and their attorneys, blocking communication between clients and counsel."Newsweek has contacted ICE for comment via email....Federal Order Strengthens Attorney AccessThe ruling builds on earlier relief sought in litigation supported by Democracy Forward, which challenged conditions surrounding immigration detention practices in the state. The updated order is intended to ensure that detainees held in ICE facilities are able to meet with an attorney within one hour of their detention, and are not moved out of Minnesota in ways that could impede access to representation.At the center of the litigation is a detention facility connected to the Whipple Building in Minnesota, where attorneys say that limited access and rapid transfers were impeding detainees’ ability to consult with counsel. The court’s order addresses those concerns by restricting out-of-state transfers and requiring procedures to preserve timely and confidential attorney-client communication.The preliminary injunction imposes several operational requirements, including limits on rapid transfers of detainees out of Minnesota, often including a 72-hour hold in many cases, measures to improve tracking of detainee locations, and steps to facilitate in-person visits and phone access for attorneys, according to court filings. The court said these provisions are necessary to prevent irreparable harm while the case proceeds.Court Finds Likely Fifth Amendment ViolationsThe court found that the plaintiffs are likely to succeed in arguing that ICE’s actions during the enforcement operation violated detainees’ Fifth Amendment rights, especially their right to speak with a lawyer. It pointed to evidence showing that detainees often could not reach attorneys, that lawyers had trouble finding clients because of frequent transfers and missing or incomplete records, and that communication systems were unreliable.The court also noted concerns that some detainees were asked to sign voluntary departure agreements without first getting legal advice.ICE officials have argued in court filings that detainees retain access to counsel and that steps were taken to improve access following earlier court intervention. They also maintained that legal services are available at longer-term detention facilities after transfer.The court, however, found inconsistencies between those claims and testimony from detainees and attorneys, and cited evidence suggesting that access to counsel was, in practice, significantly constrained.Injunction Remains In Effect As The Case ProceedsThe case was brought by The Advocates for Human Rights and an individual plaintiff, identified as L.H.M., against the Department of Homeland Security and ICE officials.The injunction remains in effect as the case proceeds in federal court, where a final determination on the legality of the challenged practices has yet to be made.“We are pleased the court recognized that immigrants in detention have a fundamental right to access to counsel,” Michele Garnett McKenzie, Executive Director at The Advocates for Human Rights, said in a statement. “The ability to speak freely and privately to an attorney is crucial to due process and essential to protecting people from unjust rulings, coercive detention, and life-threatening deportation.” “Access to a lawyer is one of the most basic protections our legal system provides,” Mark Samburg, Senior Counsel at Democracy Forward, said in a statement. “Today’s ruling is a significant victory for people who are being detained and denied that fundamental right. The court is blocking these harmful and unlawful policies while the case continues, ensuring that people in custody in Minnesota can speak confidentially with their attorneys and assert their rights. This decision sends a clear message that the administration cannot evade accountability by blocking access to counsel.”Brasel’s ruling came after she had previously issued a temporary restraining order on February 12, in which she expressed concern that the federal agency appeared to lack sufficient planning to ensure the constitutional rights of individuals detained amid the Trump administration’s immigration enforcement effort known as Operation Metro Surge.In late 2025, the Trump administration sent thousands of federal agents to Minneapolis and St Paul in a large-scale enforcement operation that was intended to target fraud in the Somali community. However, the operation was quickly overshadowed by immigration agents who shot and killed Renee Nicole Good and Alex Pretti in January. The killings led to a drawdown in the operation.