Minnesota District Court Orders ICE Director to Appear in Contempt for Alleged Detention of Alien Without Bond Hearing

In an extraordinary move, U.S. District Judge Patrick J. Schiltz of Minnesota has ordered acting Immigration and Customs Enforcement (ICE) Director Todd Lyons to appear before the court later this week, threatening contempt charges over the agency’s alleged failure to hold bond hearings for detained aliens.

The order, dated Monday, focuses on Juan T.R., who was entitled to a bond hearing within seven days of filing a January 14 habeas petition but remained in custody by January 23. Schiltz, a George W. Bush appointee, noted that ICE agents had “detained aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits.”

The judge condemned ICE’s actions, stating: “This Court has been extremely patient with respondents, even though respondents decided to send thousands of agents to Minnesota to detain aliens.” Schiltz also accused federal immigration authorities of repeatedly ignoring court orders, causing “significant hardship to aliens” who have “lawfully lived and worked in the United States for years and done absolutely nothing wrong.”

The order names DHS Secretary Kristi Noem and St. Paul ICE field office acting Director David Easterwood as respondents. Schiltz noted that violations continue across multiple cases but stated that if Juan T.R. is released, Lyons would not be required to appear before the court.

A hearing on the matter is scheduled for Friday.