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By Shane Croucher
Senior Editor
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The chief federal judge in Minnesota ordered Acting ICE Director Todd Lyons to personally appear before the court this Friday to explain why he should not be held in contempt, in what he acknowledged was an "extraordinary step."
Chief Judge Patrick J. Schiltz wrote in an order dated Monday that the Department of Homeland Security (DHS) had "failed to comply" with "dozens of court orders" in recent weeks related to the ongoing immigration enforcement operations in the state, which have sparked unrest that has seen the killing of two U.S. citizens by federal agents.
DHS Assistant Secretary Tricia McLaughlin told Newsweek in an emailed statement that Schiltz is "just another activist judge who is clearly more concerned about politics than the safety of the Minnesotans."
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"Does this judge really think Director Lyons should take time out of his day leading ICE to target the worst of the worst criminal illegals including murderers, rapists, pedophiles, and terrorists into our country to testify at a hearing for one illegal alien’s removal proceedings?" McLaughlin continued.
"We will not let anything slow us down from removing criminal illegal aliens from our streets."
The order comes a day after President Donald Trump sent his border czar, Tom Homan, to take over the administration’s immigration crackdown in Minnesota and report directly back to him. DHS Secretary Kristi Noem is under increasing bipartisan scrutiny over enforcement operations in the state that have turned deadly, and polling suggests the issue is blowing back on Republicans ahead of the midterms.
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Schiltz, who was appointed by Republican President George W. Bush in 2005, took the administration to task over its handling of bond hearings for immigrants it has detained.
His order lists the petitioner by first name and last initials: Juan T.R. It states that the court granted a petition on January 14 from the person to provide him with a bond hearing within seven days. On January 23, the person’s lawyers told the court the petitioner remained detained.
"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): The detention of an alien is extended, or an alien who should remain in Minnesota is flown to Texas, or an alien who has been flown to Texas is released there and told to figure out a way to get home," Schiltz wrote.
Schiltz said the court has been "extremely patient" with the Trump administration, even though it "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."
"Respondents have continually assured the Court that they recognize their obligation to comply with Court orders, and that they have taken steps to ensure that those orders will be honored going forward," he continued. "Unfortunately, though, the violations continue. The Court’s patience is at an end."
The judge concluded: "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."
The order says Schlitz will cancel Lyons’ appearance on January 30 if the petitioner is released from custody.
This article includes reporting by The Associated Press.
Update 1/27/26, 2:50 p.m. ET: This article was updated with a comment by Tricia McLaughlin and additional information.
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