Hundreds of people detained for immigration proceedings at the Whipple Federal Building have been deprived of their right to legal counsel, according to a class action lawsuit against Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE).
The Whipple Federal Building near Fort Snelling is the home base of ICE operations in the Twin Cities and has been the site of numerous clashes between protesters and federal agents over the past two months.
The lawsuit, filed by the Advocates for Human Rights (AHR), seeks injunctive relief on behalf of all people detained at the facility under the Immigration and Nationality Act, alleging violations of their constitutional rights.
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“Individuals who have been detained at the Bishop Henry Whipple Federal Building in Minneapolis reveal violent arrests, extreme overcrowding, and constant shackling,” the law firm said in a statement. “DHS is further perpetuating these horrific conditions by blocking detainees from accessing legal counsel to seek their freedom.”
Many detainees are never granted the chance to call a lawyer, the lawsuit claims, and when they do get a phone call, an ICE agent is standing in the room with them, stifling their ability to speak freely. Furthermore, attorneys report being denied entrance to the facility or not being afforded a private room for consultation.
A spokesperson for the Department of Homeland Security (DHS) denied allegations that detainees at Whipple are denied access to attorneys, calling the claims “false” and stating that all detainees receive “full due process.”
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The conditions at Whipple follow a “pattern” raised in cases in New York and Illinois, where courts have ordered DHS and ICE to provide detainees with adequate access to legal representation.
When detainees are kept from consulting a lawyer, they face swift removal from Minnesota or the country without a chance to petition for court intervention, the lawsuit claims. In some instances, detainees have allegedly been pressured to sign “self-deport” forms before they can ever seek legal counsel.
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Attorneys representing clients who were transferred to Texas facilities had raised similar concerns about the federal government’s haste to move migrants out of state and into another court’s jurisdiction, introducing further obstacles to their legal defense.
The full statement from DHS is below.
“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.
“Any rioters arrested outside the Whipple Federal Building also have access to attorneys.
“Make no mistake, these types of lies are contributing to the over 1300% increase in assaults on the men and women of ICE who put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens.”
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