U.S. Senators Amy Klobuchar (D-MN) and Tina Smith (D-MN) are calling on the Immigration and Customs Enforcement (ICE) to follow federal law and the Constitution by allowing people in detention to have access to legal counsel.
Press ICE to follow federal law and the Constitution by allowing people in detention access to legal counsel.
Occurrences
Evidence
The Guardian reported that Klobuchar posted a letter to ICE's acting director from Klobuchar and Tina Smith arguing ICE was violating the Constitution by denying detainees access to legal counsel; Klobuchar wrote, "ICE must comply with the law and allow access to attorneys. This is not optional."
The case summary says AHR sued for detainees at the Whipple Federal Building, alleging since at least January 11, 2026 the government had not provided constitutionally adequate or statutorily compliant access to counsel, including barriers to attorney visits and private calls.
The Clearinghouse summarizes that the court granted a February 12 TRO and later a preliminary injunction after finding defendants violated noncitizens' Fifth Amendment due process right to meaningful access to counsel; relief included written materials and free phone access within one hour, locator updates, a 72-hour hold on out-of-state transfers, and legal visits seven days per week.
AP reported Judge Nancy Brasel issued a preliminary injunction requiring ICE to ensure Whipple detainees can quickly reach attorneys and communicate privately, with no out-of-state transfer during the first 72 hours.
AP reported the February emergency order found detainees faced major logistical barriers to counsel and required immediate attorney access after custody and before transfer out of state.
Assessments
Smith's promise was framed as an oversight action: to press ICE to comply with federal law and the Constitution by allowing detainees access to counsel. The evidence shows she joined a January 2026 letter to ICE's acting director making that demand directly, which satisfies the promised federal oversight action during her Senate term. Later court orders provided only facility-specific relief and were not primarily Smith-driven, but they corroborate the underlying access-to-counsel problem rather than undercuting delivery of the promised pressure campaign.