In an unusual legal move, a federal judge has mandated the presence of a national agency leader in court to justify why he should not face contempt charges.
MINNEAPOLIS — Minnesota’s chief federal judge has criticized the Trump administration for not adhering to court orders concerning hearings for detained immigrants. Consequently, Chief Judge Patrick J. Schiltz has summoned Todd Lyons, the acting director of Immigration and Customs Enforcement (ICE), to appear in court on Friday. Lyons must explain the agency’s non-compliance to avoid contempt charges.
In his Monday order, Judge Schiltz expressed frustration with the administration’s approach to handling bond hearings for detained immigrants. He remarked on the lack of preparedness, stating, “This Court has been extremely patient with respondents, even though respondents decided to send thousands of agents to Minnesota to detain aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result.”
This judicial order was issued just one day after President Donald Trump directed Tom Homan, the border czar, to intensify the immigration enforcement operations in Minnesota. This directive followed the second fatality this month involving an immigration law enforcement officer.
Additionally, a federal court hearing on Monday addressed a request from the state, alongside the mayors of Minneapolis and St. Paul, to halt the immigration enforcement surge. While the presiding judge prioritized the case, she did not specify when a decision would be made.
It also follows a federal court hearing Monday on a request by the state and the mayors of Minneapolis and St. Paul for a judge to order a halt to the immigration law enforcement surge. The judge said she was prioritizing the ruling but didn’t give a timeline.
Schlitz wrote that he recognizes ordering the head of a federal agency to appear personally is extraordinary. “But the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” Schlitz wrote.
“Respondents have continually assured the Court that they recognize their obligation to comply with Court orders, and that they have taken steps to ensure that those orders will be honored going forward,” he wrote. “Unfortunately, though, the violations continue.”
Messages were sent Tuesday to ICE and a DHS spokesperson seeking a response.
The order lists the petitioner by first name and last initials: Juan T.R. It says the court granted a petition on Jan. 14 from the person to provide him with a bond hearing within seven days. On Jan. 23, the person’s lawyers told the court the petitioner remained detained.
The order says Schlitz will cancel Lyons’ appearance if the petitioner is released from custody.
Catalini reported from Trenton, New Jersey.
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