Judge Brasel Grants Preliminary Injunction and Provisional Class for Minnesota Detainees; Keeps 72-Hour Transfer Hold; Government Appeals to Eighth Circuit

On the order date stamped on the order (filed 03/26/26), Judge Nancy E. Brasel granted the plaintiffs’ motion for injunctive relief in part and provisionally certified the class in The Advocates for Human Rights v. DHS: “Plaintiffs’ Motion for Injunctive Relief is GRANTED IN PART.” The class is, in the Court’s restatement of the plaintiffs’ definition, “all persons initially detained by Defendants in Minnesota pursuant to the Immigration and Nationality Act.” Amnesty International’s report points to this order.

What the Court found

The order opens: “Due process is not a game of keep-away.” It says that after the temporary restraining order, defendants “have made considerable but inconsistent efforts to improve attorney access.” The Court held an evidentiary hearing on the dates it states: “The Court held an evidentiary hearing on March 19 and 20, 2026.” Those are the Court’s preliminary-injunction characterizations, not a final judgment.

What the injunction requires

The operative terms carry forward the TRO structure: written A-number and legal-provider list and private phone access within an hour of detention, access to the building for lawyer visits, a non-retaliation bar, and the transfer term: “Defendants shall not transfer a Detainee out of Minnesota during the first 72 hours of their detention.”

After the injunction

Per the Court’s later order, “Defendants moved to dissolve the transfer hold (ECF No. 198), but then, four days later, Defendants appealed (ECF No. 200).” In an order dated July 22, 2026 the Court denied the government’s motion for an indicative ruling and wrote that “the Court defers ruling on the motion to dissolve the transfer hold until after the appeal.” The Eighth Circuit’s disposition was not read for this entry; the district docket continued with discovery and scheduling orders.

Related Entries

• 2026-01-27–advocates-for-human-rights-sue-dhs-ice-whipple-building-access-to-counsel-class-action
• 2026-02-12–judge-brasel-tro-whipple-building-access-to-counsel-72-hour-transfer-hold-one-hour-phone-access