• Chief Judge Patrick Schiltz demands ICE Director Todd Lyons appear personally Friday
  • Judge cites “dozens” of violations involving immigrants denied bond hearings
  • Extraordinary order reflects growing judicial frustration with Operation Metro Surge

MINNEAPOLIS, MN (TDR) — Minnesota’s chief federal judge ordered the head of Immigration and Customs Enforcement to appear in his courtroom Friday and threatened to hold him in contempt for what he described as repeated defiance of judicial orders in the state.

“The court’s patience is at an end,” U.S. District Judge Patrick Schiltz said in a three-page order issued Monday night, demanding acting director Todd Lyons explain himself “personally.”

Schiltz, a George W. Bush appointee and former law clerk to Supreme Court Justice Antonin Scalia, took the extraordinary step after what he described as systematic violations of court directives during Operation Metro Surge, the Trump administration’s massive immigration enforcement operation in the Twin Cities.

Dozens Of Court Orders Violated

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The judge’s frustration has been building for weeks as the federal court has been flooded with emergency lawsuits from immigrants claiming illegal arrests or detention. District judges have agreed in nearly every case, ordering immediate releases and warning about rampant legal violations.

“This is one of dozens of court orders with which respondents have failed to comply in recent weeks,” Schiltz wrote in his order.

“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 judge continued.

The specific case involves Juan Hugo Tobay Robles, an Ecuadorian man who entered the United States illegally in 1999 as a minor. He was detained on January 6 and placed in immigration custody at Fort Snelling, Minnesota.

Bond Hearing Ordered, Then Ignored

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Tobay Robles challenged his detention in federal district court. On January 14, Schiltz issued an order requiring federal immigration authorities to either provide him with a bond hearing within seven days or immediately release him from custody.

On January 23, Tobay Robles’ lawyers informed the court their client had not received the ordered bond hearing and remained in immigration detention.

“The practical consequence of respondents’ failure to comply has almost always been significant hardship to aliens (many of whom have lawfully lived and worked in the United States for years and done absolutely nothing wrong),” Schiltz wrote.

Extraordinary Step For Extraordinary Violations

The judge acknowledged the unusual nature of ordering a federal agency head to appear personally in court.

“The Court acknowledges that ordering the head of a federal agency to personally appear is an extraordinary step, but the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” Schiltz wrote.

Lyons is ordered to “appear personally before the Court and show cause why he should not be held in contempt of Court” at a hearing scheduled for 1:00 p.m. Friday in Minneapolis.

However, the judge noted that if ICE releases Tobay Robles from custody before Friday’s hearing and files notice with the court, the hearing will be canceled and Lyons will not be required to appear.

Context Of Broader Federal-State Conflict

The order comes amid sustained protests in Minneapolis following two fatal shootings involving federal agents this month. An ICE officer shot and killed Renee Good on January 7, and a Border Patrol agent fatally shot Alex Pretti, a U.S. citizen, on January 24.

The Trump administration has escalated its response, placing approximately 1,500 U.S. troops on standby and warning about potentially invoking the Insurrection Act. However, President Donald Trump indicated a strategic shift Monday by calling Minnesota Governor Tim Walz and dispatching border czar Tom Homan to take over operations.

Previous Clash Over Don Lemon Arrest Warrant

Schiltz previously tangled with the Trump administration last week when the Justice Department asked the U.S. Court of Appeals for the 8th Circuit to order the lower court to sign arrest warrants for five people in connection with an anti-ICE protest at a church in St. Paul.

The matter involved former CNN anchor Don Lemon among others. A U.S. magistrate judge declined to issue arrest warrants, and the Justice Department sought review after Schiltz did not move quickly enough on the matter.

A unanimous panel of three judges on the 8th Circuit declined the administration’s request. In a letter to the appeals court, Schiltz called the Trump administration’s efforts “unprecedented” and said “there is absolutely no emergency.”

Immigration Enforcement Operations Continue

Operation Metro Surge began December 1 and has resulted in thousands of arrests in the Twin Cities area. The operation has generated hundreds of habeas corpus petitions and other lawsuits challenging the legality of detentions.

The Trump administration has defended its enforcement actions, with Attorney General Pam Bondi recently celebrating an appeals court decision that halted limits a different federal judge had placed on ICE tactics during protests.

“Liberal judges tried to handcuff our federal law enforcement officers, restrict their actions, and put their safety at risk when responding to violent agitators,” Bondi said.

ICE has not commented on Schiltz’s latest order demanding Lyons appear in court Friday.

Will ICE release the detained immigrant before Friday’s hearing to avoid a historic contempt confrontation, or will the administration force a constitutional showdown between federal enforcement and judicial authority?

Sources

This report was compiled using information from CBS News coverage of the contempt order, NBC News reporting on Judge Schiltz’s order, The Washington Post’s coverage of the judicial conflict, KSTP’s reporting on the court order, Yahoo News article on the contempt threat, NewsNation’s coverage, and CBS News reporting on the Don Lemon arrest warrant dispute.

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