Detainees at Whipple federal building in Minneapolis have been denied access to lawyer, suit says
A newly filed lawsuit accuses federal agents at the Bishop Henry Whipple Federal Building in Minneapolis of denying detainees of their right to contact a lawyer.
The lawsuit filed by the nonprofit organization Advocates for Human Rights is asking courts to intervene and restore detainees' access to legal counsel and require confidential attorney-client communications. The Department of Homeland Security, Secretary of Homeland Security Kristi Noem and Immigration and Customs Enforcement are among those named in the suit.
The lawsuit outlines an instance that unfolded on Tuesday, in which a St. Paul woman with a pending asylum case was detained during a required check-in at the Intensive Supervision Appearance Program in Bloomington, Minnesota. The woman recently had cranial surgery and has significant medical needs, according to the suit.
The woman's attorney immediately went to the Whipple building to consult with her, but upon arrival, federal agents refused to allow the two to communicate, the suit says.
The lawsuit says that since Jan. 11, detainees have not been provided with "constitutionally adequate or statutorily compliant access to counsel" and detainees are not granted an outgoing phone call. Instead, the lawsuit says that detainees are told they will be allowed an outgoing call after they have been "booked," at which time they have been transferred to a detention facility outside the state.
The lawsuit also says the Whipple building lacks the adequate infrastructure such as beds, toilets and private phones to hold people for long periods of time. However, some detainees are held for "days," the suit says.
Attorneys, too, have been threatened or intimidated by federal agents at Whipple, according to the suit.
The lawsuit echoes one filed last fall by the ACLU of Illinois and the MacArthur Justice Center, which outlined "inhumane" conditions at an ICE processing center in Broadview, Illinois. The people inside the facility, the lawsuit said, could not reach their attorneys.
Last week, Minnesota Sens. Amy Klobuchar and Tina Smith wrote a letter to ICE Acting Director Todd Lyons after hearing that detainees, including a U.S. citizen, were denied access to counsel.
"As you know the right to due process and the right to counsel are foundational constitutional guarantees enshrined in the Fifth and Sixth Amendments. ICE and all other federal law enforcement agencies are required to honor these constitutional rights, regardless of a person's immigration status," the letter said.
The Whipple building has been the center of federal immigration enforcement activity since the start of Operation Metro Surge. Protesters have gathered at the site daily.
Earlier this month, Democratic Reps. Angie Craig, Ilhan Omar and Kelly Morrison were denied access to the facility. Officials who turned them away cited a newly imposed seven-day notice policy for congressional oversight visits.
WCCO has reached out to the Department of Homeland Security for comment.