U.S. District Judge Nancy Brasel gave DOJ lawyers until 5 p.m. Thursday, Feb. 12, to reach a mediated agreement with civil rights attorneys over detainees' access to counsel at the ICE facility in the Bishop Henry Whipple Federal Building near Minneapolis. Plaintiffs say detainees lack meaningful in-person attorney access and face monitored phone calls; the government says detainees have unmonitored phone access and counsel availability. Lawmakers who visited the site reported poor conditions and gaps in health protocols, and a man was charged with felony damage after toppling an anti-ICE ice sculpture.
Judge Gives Deadline for Deal on Right to Counsel at Minnesota ICE Facility
FILE - Federal agents walk down a street while conducting immigration enforcement operations, Thursday, Feb. 5, 2026, in Minneapolis. (AP Photo/Ryan Murphy, File)(ASSOCIATED PRESS)
MINNEAPOLIS (AP) — A federal judge on Friday ordered Department of Justice lawyers to continue negotiating with civil rights attorneys and try to reach an agreement by 5 p.m. Thursday, Feb. 12, over access to legal counsel for people detained at an Immigration and Customs Enforcement facility housed in the Bishop Henry Whipple Federal Building near Minneapolis.
Advocates say detainees facing possible deportation are routinely denied meaningful access to attorneys, including in-person meetings. Attorney Jeffrey Dubner told the court that while detainees can make phone calls, ICE staff are often positioned nearby during those calls, which can deter private communications with counsel.
Justice Department attorney Christina Parascandola told U.S. District Judge Nancy Brasel that detainees have access to counsel and can make unmonitored phone calls "at any time and for as long as they need." Parascandola acknowledged she had never visited the facility.
A student protester is detained by University of Minnesota Police for chaining himself to a door on campus during an anti-ICE protest, on Friday, Feb. 6, 2026, in Minneapolis. (AP Photo/Ryan Murphy)(ASSOCIATED PRESS)
Judge Brasel said there is a "very wide factual disconnect" between the plaintiffs' evidence and the government's description of the site as a temporary holding location with adequate access. She described the government's position as "a tough sell," noting the case record contains more evidence supporting the plaintiffs' claims than the government’s assurances.
"The gap here is so enormous I don't know how you're going to close it," Brasel said.
Rather than issuing an immediate ruling, Brasel instructed both sides to continue mediated talks with a retired judge who has already helped narrow some disputes. She stressed both sides agree that some degree of reasonable access to counsel is constitutionally required; they disagree on the scope and mechanics of that access.
Lawmakers Cite Poor Conditions And Health Concerns
The Whipple facility, a hub for ICE operations that has seen frequent protests, drew sharp criticism from Democratic U.S. Rep. Kelly Morrison of Minnesota after a visit Thursday night. Morrison, a physician-lawmaker, said the facility lacked protocols to prevent the spread of measles from transfers originating in Texas, where at least two cases were reported this week at a major ICE detention center.
A University of Minnesota Police officer threatens student protesters with arrest for chaining themselves to a door on campus during an anti-ICE protest, on Friday, Feb. 6, 2026, in Minneapolis. (AP Photo/Ryan Murphy)(ASSOCIATED PRESS)
Some Minnesota detainees — including families with children — were transferred to the Texas facility; some returned to Minnesota after court intervention, including 5-year-old Liam Conejo Ramos and his father. Morrison said detainees were not being offered meaningful medical care during her visit.
Morrison and other Minnesota Democrats, including Reps. Ilhan Omar, Angie Craig and Betty McCollum, said they were previously denied entry or delayed despite a federal judge’s ruling that members of Congress may make unannounced visits to ICE facilities.
"We have every reason to believe that this administration is once again lying through their teeth and trying to hide what we all know to be true — that they are ignoring due process and treating immigrants as political pawns, not people," Reps. Craig and McCollum said in a joint statement.
Man Charged After Toppling Anti-ICE Ice Sculpture
Separately, Jake Lang, 30, of Lake Worth, Florida, was charged with felony damage to property after security cameras and witnesses allegedly saw him kick down an anti-ICE ice sculpture that read "Prosecute ICE" outside the Minnesota State Capitol in St. Paul. Lang was arrested nearby, released pending trial and ordered to stay at least three blocks from the Capitol.
Court records list no attorney for Lang. He previously faced charges that included assaulting an officer and other offenses and received clemency in connection with some cases tied to the Jan. 6 interventions by President Donald Trump.
If the parties do not reach at least a partial agreement by the court's deadline, Judge Brasel said she will issue an order on Feb. 12 — though she gave no indication which way she is likely to rule.
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