The top federal judge in Minnesota blasted U.S. Immigration and Customs Enforcement for failing to release dozens of illegal immigrants courts had ordered set free, saying his “patience is at an end.”
Chief Judge Patrick J. Schiltz, a George W. Bush appointee, ordered ICE acting Director Todd Lyons to appear in person on Friday to explain why one migrant, identified in court documents as “Juan T.R.,” was still in custody despite a court ruling on Jan. 14 that he be released.
Judge Schiltz said if the migrant is released before then, he will cancel the demand for Mr. Lyons’ appearance.
The order is the latest legal shot across the bow of ICE, which has been struggling to carry out President Trump’s demand for mass deportations.
Mr. Lyons has overseen some major changes to ICE policy, including new legal reasoning to allow officers to enter a home without consent or a judicial warrant, and a reinterpretation of law that expands the universe of people ICE believes it can hold in detention without allowing them to be bonded out.
That latter move has sparked thousands of legal challenges across the country, in what’s known as “habeas” petitions demanding the release of a migrant.
Minnesota alone has seen more than 400 such habeas petitions this month as lawyers rush to free people arrested in the immigration surge.
Judge Schiltz said the administration wasn’t prepared for the fallout of its own surge.
“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,” he said.
The Justice Department has struggled with the workload from those habeas petitions. The Washington Times reported earlier this month that the department was divided over the matter, with the local U.S. attorneys’ offices pleading for help from the main department in Washington, which was largely unresponsive.
Judge Schiltz said in his new order Monday that bringing the head of an agency to testify in person was extraordinary, but said something needed to be done to get ICE’s attention.
“The extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” he wrote.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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