A federal judge has issued a scathing preliminary injunction against the U.S. Department of Homeland Security and Immigration and Customs Enforcement (ICE), ordering an immediate overhaul of how the agency treats detainees at the Bishop Henry Whipple Federal Building.
U.S. District Judge Nancy E. Brasel ruled Thursday that ICE’s recent tactics—including rapid out-of-state transfers and the denial of private phone calls—likely violate the Fifth Amendment rights of noncitizens.
The 69-page order follows “Operation Metro Surge,” a massive enforcement action in Minnesota that resulted in thousands of arrests.
READ: Deported To Hell: Venezuelan Barber Sues U.S. After Being Sent To El Salvador’s Mega-Prison
The Findings: “Obstacle After Obstacle”
In her analysis, Judge Brasel did not mince words regarding the agency’s conduct. “Due process is not a game of keep-away,” she wrote, noting that while ICE recognizes the right to counsel in theory, it has failed to facilitate it in practice.
The court found that before a temporary restraining order (TRO) was issued in February, ICE frequently flew detainees across the country within hours of their arrest, often before they could speak to a lawyer. The court noted:
- Vanishing Detainees: Attorneys testified they often could not locate their clients because ICE failed to update the Online Detainee Locator System.
- Broken Communication: Witness testimony revealed that hold-room phones were frequently broken or monitored, and the agency’s public phone lines often went unanswered.
- Pressure Tactics: The record includes reports of agents pressuring detainees to sign self-deportation documents without legal advice, sometimes telling them they would be detained for months longer if they refused to sign.
Damning Testimony and Credibility Issues
The ruling highlighted harrowing accounts from detainees. J.J.B., a 20-year-old refugee, testified that his holding cell was packed with 100 people despite being designed for 20. He described floors “black with urine” and stated that detainees were forced to sleep standing up.
Another plaintiff, L.H.M., a mother of three, testified that an officer slammed her head against a wall during intake, resulting in a concussion. She told the court she was denied phone calls to her attorney and was only allowed to call her sister after multiple requests.
Judge Brasel specifically questioned the credibility of ICE’s sole witness, Deputy Field Office Director Tauria Rich. The judge noted that Rich’s testimony was “inconsistent at best and incredible at worst,” pointing out that phone logs contradicted her claims that detainees simply “preferred” not to use hold-room phones.
The Court’s Mandate
The preliminary injunction imposes strict requirements on federal authorities at the Whipple building:
- 72-Hour Hold: ICE is barred from transferring detainees out of Minnesota for the first 72 hours of their detention.
- Confidential Access: The agency must provide free, private, and unmonitored phone calls for detainees to reach legal counsel.
- Real-Time Tracking: The Online Detainee Locator System must be updated in real time.
- Legal Visitation: Whipple must remain open for attorney visits seven days a week, with private rooms provided for consultations.
“It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees,” Judge Brasel concluded.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox
