‘Patience is at an end’: Federal judge orders ICE director to appear in court

In an escalating confrontation between the federal judiciary and immigration authorities, Minnesota’s Chief U.S. District Judge Patrick J. Schiltz ordered the acting director of Immigration and Customs Enforcement to appear personally in court, accusing the agency of repeatedly defying court orders and declaring that the court’s “patience is at an end.”

In a sharply worded order issued late Monday, Jan. 26, Schiltz summoned Todd Lyons, ICE’s acting director, to explain why he should not be held in contempt, writing that the agency has ignored “dozens of court orders” in recent weeks and that its failures have caused “significant hardship” for immigrants — many of whom, he noted, have lived and worked in the United States for years and “done absolutely nothing wrong.”

The Department of Homeland Security criticized the order Tuesday, with Assistant Secretary Tricia McLaughlin calling Schiltz an “activist judge” and accusing the court of interfering with ICE’s enforcement work.

In a statement, McLaughlin said DHS would not let anything “slow us down from removing criminal illegal aliens from our streets.” The agency did not directly address the judge’s findings that ICE has repeatedly failed to comply with court orders.

Schiltz detailed the consequences of ICE’s noncompliance: detainees held longer than judges allowed, people transferred out of Minnesota despite court rulings, and others flown to Texas only to be released there “and told to figure out a way to get home.”

The judge said ICE had repeatedly assured the court that it understood its obligations and had taken steps to comply going forward. “Unfortunately,” he wrote, “the violations continue.”

Lyons is scheduled to appear in court on Friday unless ICE comes into compliance before the hearing. Schiltz said the requirement for Lyons’ appearance could be lifted if the agency fulfills the court’s orders.

Schiltz acknowledged that ordering the head of a federal agency to personally appear in court is highly unusual, but he said the scale of ICE’s conduct left no alternative.

In taking what he described as “an extraordinary step,” Schlitz wrote that “the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed.”

The order arose from a habeas corpus case involving Juan T.R., a citizen of Ecuador who entered the United States as a minor and was detained by ICE earlier this month at Fort Snelling. On Jan. 14, Schiltz ruled that Juan was not subject to mandatory detention under federal law and ordered ICE to provide him a bond hearing within seven days or release him.

According to the court, ICE did neither.

But Schiltz made clear that Juan’s case was not an isolated failure. He criticized ICE for launching a large-scale enforcement surge in Minnesota without preparing for the legal consequences.

Among similar cases that have emerged in news reports, last week a 2-year-old girl and her father were detained by federal immigration agents in south Minneapolis and placed on a commercial flight out of Minnesota, despite a judge ordering the toddler’s release.

The court action comes as Minnesota’s political leaders face growing pressure to respond to the federal immigration crackdown.

On Tuesday, Gov. Tim Walz met with Tom Homan, the Trump administration’s newly appointed point person for immigration enforcement in Minnesota. That followed the departure of Border Patrol Cmdr. Greg Bovino, who drew fierce criticism for his handling of the Minneapolis operation and public defense of the federal presence. Walz’s office said the two agreed on the need for “ongoing dialogue” and continued coordination, echoing comments President Donald Trump made a day earlier.

Details of the meeting were not disclosed.

In Minneapolis, Mayor Jacob Frey said some federal agents would begin leaving the Twin Cities area Tuesday, following a phone conversation with Trump. The move comes amid widespread public outrage and protests after the Saturday shooting death of Alex Pretti by federal agents in south Minneapolis.

A federal judge ordered Trump administration officials not to destroy evidence related to the shooting, after state leaders filed a lawsuit to preserve crime scene materials.

Homeland Security Secretary Kristi Noem said that her office would lead the federal investigation into the agents’ use of force.

But in a call Monday with Trump described as “productive,” Walz emphasized the need for “impartial investigations.”