Lawsuit alleges DHS is preventing lawyers from accessing detainees in Manchester

A human rights group based in Minneapolis has filed a lawsuit against the Department of Homeland Security, alleging that DHS officials and agents have been unlawfully preventing detained immigrants from meeting with their attorneys. The class action lawsuit was initiated on behalf of the Advocates for Human Rights and a St. Paul resident known as “L.H.M.”

The complaint outlines the case of L.H.M., who was taken into custody after a routine check-in at ICE’s Office of Intensive Supervision in Bloomington. Despite her family’s efforts to contact her attorney, who promptly went to the Bishop Henry Whipple Federal Building, access to L.H.M. was denied. The lawsuit emphasizes that L.H.M. recently underwent cranial surgery and has significant medical needs that could be compromised by detention conditions or being moved out of state.

Claims in the lawsuit suggest that federal agents at the Whipple Building, along with an ICE attorney, have continuously maintained that visitation between detainees and attorneys is not allowed at Whipple, which contradicts the presence of designated visitation rooms labeled “ERO Visitation” that have been used by attorneys to meet clients for years. Lawyers attempting to arrange visits at Whipple have alleged that their calls and emails go unanswered, with some facing threats of arrest despite prior clearance from agency officials.

The lawsuit argues violations of the First Amendment, the Fifth Amendment, the Administrative Procedures Act, and the Immigration and Nationality Act in impeding detainees’ access to legal counsel. In response, a spokesperson for Homeland Security asserted that detained individuals have access to phones to contact their lawyers, receive a list of free or low-cost attorneys, and undergo full due process.

DHS has faced previous legal action for obstructing detainees’ attorney access in other states, resulting in court orders. U.S. District Judge Patrick Schiltz recently identified 96 court orders that ICE has violated since January 1, with potential undercounts due to the expedited nature of the assembly. Judge Schiltz, appointed by George W. Bush and having clerked for the late Supreme Court Justice Antonin Scalia, warned about the implications for the rule of law, given ICE’s apparent disregard for court mandates.

This latest lawsuit adds to a growing list of legal challenges against DHS for restricting detainees’ rights, highlighting concerns about the agency’s adherence to legal processes and court orders.