A Minneapolis-based human rights group is suing the Department of Homeland Security, accusing DHS officials and agents of illegally and systematically preventing detained immigrants from meeting with their lawyers. The proposed class action lawsuit, filed Tuesday in U.S. District Court of Minnesota.
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MINNEAPOLIS, MN – A Minneapolis-based human rights group is suing the Department of Homeland Security, accusing DHS officials and agents of illegally and systematically preventing detained immigrants from meeting with their lawyers.
The proposed class action lawsuit, filed Tuesday in U.S. District Court of Minnesota, was brought on behalf of the Advocates for Human Rights and a St. Paul woman referred to by the initials “L.H.M.”
According to the complaint, L.H.M., who has lived in Minnesota since 2019 and has a pending asylum claim, was arrested Monday after a routine check-in at ICE’s Office of Intensive Supervision in Bloomington.
After L.H.M.’s family contacted her attorney, the lawyer immediately travelled to the Bishop Henry Whipple Federal Building but was unilaterally refused access to L.H.M.
L.H.M. recently underwent cranial surgery, the lawsuit states, and “has significant medical needs that may be severely adversely affected by detention conditions or involuntary transfer out of state.”
According to the claim, federal agents at the Whipple Building — and at least one ICE attorney — have repeatedly told frustrated lawyers that “no visitation between detainees and attorneys is or has ever been permitted at Whipple.”
“This is false,” the complaint continues. “Whipple has rooms labeled ‘ERO Visitation,’ where attorneys have met with clients held at Whipple for years.”
Nowadays, when lawyers attempt to arrange visits at Whipple, phone calls and emails allegedly go unanswered.
According to the suit, one lawyer was recently threatened with arrest at the Whipple Building, despite having received prior permission from agency officials. Another attorney attempting to speak to a client was “confronted by six armed security personnel, one of whom said, ‘We’re not having a debate here, turn your car around and get the hell out of here.’”
The lawsuit asserts claims under the First Amendment, the Fifth Amendment, the Administrative Procedures Act and the Immigration and Nationality Act.
A spokesperson for Homeland Security responded: “Any allegations people detained by ICE do not have access to attorneys are false. Illegal aliens in the Whipple Federal Building have access to phones they can use to contact their families and lawyers. Additionally, ICE gives all illegal aliens arrested a court-approved list of free or low-cost attorneys. All detainees receive full due process.”
(Homeland Security has a burgeoning record of providing false information to the public, as detailed in a recent Stateline story; after the recent killing of Alex Pretti by Border Patrol, a Homeland Security spokesperson claimed Pretti “wanted to do maximum damage and massacre law enforcement” even though he never drew his gun, for which he had a permit.)
This is not the first time DHS has been sued for impeding detainees’ access to counsel. Similar suits in New York and Illinois have resulted in court orders.
DHS also has a recent history of defying court orders.
On Tuesday, U.S. District Judge Patrick Schiltz, chief judge of the Minnesota district, issued an order in a habeas petition in which he identified 96 court orders that ICE has violated since January 1 – a tally that he said is likely an undercount because it was assembled in haste.
“This list should give pause to anyone — no matter his or her political beliefs — who cares about the rule of law,” wrote Schiltz, who was appointed to the bench by George W. Bush and clerked for Antonin Scalia, the late Supreme Court justice and conservative icon.
“ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence,” Schiltz wrote.
This story is being shared with permission by the Minnesota Reformer, a local newsroom in Minneapolis, MN. The Reformer is an affiliate of States Newsroom, the nation’s largest state-focused nonprofit news organization. To learn more, please visit https://minnesotareformer.com/.