Minneapolis ICE holding facility access to counsel questioned after attorney visit and federal court filings

Attorneys describe hurdles to contacting lawyers inside the Whipple Building facility

New federal court filings have intensified scrutiny of an Immigration and Customs Enforcement holding area inside the Bishop Henry Whipple Federal Building near Minneapolis, after an attorney who entered the facility described what she said were practical barriers that can prevent detainees from reaching legal help.

In a sworn declaration filed Feb. 10, 2026, immigration attorney Kimberly Boche said she visited the facility on Feb. 9 to observe conditions and speak with some detainees. The declaration states that several men told her they had been arrested the day before and had not spoken with an attorney, while another detainee said he did not know whom to call for legal assistance.

Boche described a room layout featuring roughly two dozen desks with phones and said she tested one phone and encountered lengthy recorded prompts in multiple languages and multiple steps before an outside call could be placed. She also said she did not see handbooks explaining detainees’ rights and reported seeing trash, including food wrappers, on cell floors.

Accounts include cold temperatures and uncertainty about transfers

The declaration also recounts the experience of a woman identified only by the initial “M,” who said she was brought to the facility on Feb. 9. In the filing, M described her cell as “freezing” and said she and others did not have blankets and did not realize they could request them. She said she did not have a lawyer or know how to obtain legal help and did not have family in the area. M said she was told she would be transferred to Texas, and Boche wrote that she was uncertain how someone in that position would connect with counsel.

Lawsuit targets access to counsel; government disputes allegations

The inspection and filings are tied to a lawsuit filed in late January by The Advocates for Human Rights. The suit alleges detainees at the Whipple Building are being denied meaningful access to legal counsel. Named defendants include the Department of Homeland Security, Homeland Security Secretary Kristi Noem, and ICE.

The Department of Homeland Security has disputed claims of improper conditions and inadequate access to legal communication, stating that detainees are provided meals, water, medical treatment, and opportunities to communicate with family members and attorneys, and that due process is provided.

Federal judge presses both sides toward agreement

U.S. District Judge Nancy Brasel has ordered expanded access for attorneys conducting inspections and has set a deadline for the parties to seek an agreement on what constitutes reasonable access to counsel for people held at the facility. In a Feb. 6 hearing, Brasel said there appeared to be a wide gap between allegations filed by advocates and the government’s description of detainee access.

What is at issue in the court dispute

• Whether detainees can reliably make unmonitored calls to attorneys from inside the facility
• Whether in-person attorney meetings are sufficiently available for a population facing possible removal proceedings
• Whether detainees are given clear, accessible information on their rights and how to obtain legal representation

The court has signaled it will issue an order if the sides fail to reach at least a partial agreement by the Feb. 12, 2026 deadline.

The Whipple Building has also become a focal point for daily protests connected to federal immigration enforcement activity in the Twin Cities, adding to public attention on detainee treatment and legal access as the litigation continues.