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Lawfare Daily: Challenging Immigration Detentions in Minnesota

Natalie K. Orpett, John Albanese, Jen Patja
Thursday, February 19, 2026, 7:00 AM
How have the courts kept up with the flood of habeas petitions in Minnesota?

The dramatic influx of immigration enforcement actions in Minnesota have landed an enormous number of people in detention. It's led to an unprecedented number of petitions for habeas corpus—that is, people arguing that their detention is unlawful.

On today's podcast, Lawfare's Executive Editor Natalie Orpett talked with John Albanese, an attorney at the law firm Berger Montague in Minneapolis, who represents people who are bringing these challenges. They talked about what the flood of habeas petitions actually looks like on the ground—what detention authorities the government is claiming, how the legal community is coming together to address the needs of people in detention, how government lawyers are faring, and how the judiciary is dealing with it all.

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Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years.
John Albanese is a Shareholder at the Minneapolis office of Berger Montague PC and
Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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