Klobuchar, Smith Call on ICE to Allow Access to Legal Counsel

WASHINGTON - 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. Reports indicate that some of those detained, including at least one U.S. citizen, are being denied their constitutional right to access an attorney.

"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 Senators wrote. "It is critical that ICE have policies and practices in place that ensure agents are complying with the Constitution, federal law, and ICE's own regulations, including access to counsel."

The full text of the letter is below and can be found here.

Dear Acting Director Lyons:

We write to express our serious concerns regarding reports that United States Immigration and Customs Enforcement (ICE) has denied access to counsel to people detained at the Bishop Henry Whipple Federal Building in Fort Snelling, Minnesota. This includes reports that federal law enforcement personnel denied access to an attorney who represents a U.S. citizen and Iraq War veteran who was being detained at the facility.

In response to attorney demands to see their clients, one ICE agent reportedly said: "[i]f we let you see your clients, we would have to let all the attorneys see their clients, and imagine the chaos."

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.

In addition to the protections in the Constitution, people in immigration proceedings are further provided a right to counsel by federal law (8 U.S.C. §1362). In fact, the Department of Homeland Security has conceded in court: "all individuals - regardless of immigration status - share in the rights guaranteed by the Fifth Amendments (sic) to the Constitution, including the right to have access to a lawyer" and it is "unlawful to prevent people from having access to lawyers who can help them in immigration court."

It is critical that ICE have policies and practices in place that ensure agents are complying with the Constitution, federal law, and ICE's own regulations, including access to counsel. Attorneys must not face unreasonable barriers to meeting with their clients, including standard and fulsome visitation hours and private means of communication.

Please inform our offices immediately regarding the steps you are taking to ensure that your agents are aware of their constitutional obligations and acting in a manner that guarantees full access to counsel to people in ICE custody.

Thank you for your attention to this important matter.

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