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A federal judge has taken the extraordinary measure of summoning a national agency leader to court, demanding an explanation as to why he should not be found in contempt.
MINNEAPOLIS — The chief federal judge in Minnesota has criticized the Trump administration for not adhering to court directives regarding hearings for detained immigrants. Consequently, he has ordered the acting director of Immigration and Customs Enforcement, Todd Lyons, to appear before him on Friday to justify why he should avoid a contempt ruling.
In a Monday order, Chief Judge Patrick J. Schiltz insisted that Lyons must be present in person. Schiltz expressed dissatisfaction with the administration’s approach to conducting bond hearings for detained immigrants.
“This Court has been exceedingly patient with the respondents, despite their decision to deploy thousands of agents to Minnesota to detain immigrants without preparing for the inevitable influx of habeas petitions and other legal challenges,” the judge commented.
This directive follows President Donald Trump’s recent mandate, appointing border czar Tom Homan to spearhead the administration’s intensified immigration enforcement in Minnesota. This appointment came in the wake of a second fatal incident involving an immigration officer this month.
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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