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By Adeola Adeosun
Weekend Night Editor
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A federal judge appointed by President Donald Trump has found the administration in civil contempt of court after Immigration and Customs Enforcement (ICE) transferred a detainee from Minnesota to Texas in violation of a court order—then released him in El Paso without his belongings.
U.S. District Judge Eric Tostrud issued the ruling Monday, ordering the administration to reimburse $568.29 to cover the cost of a plane ticket for the man, identified in court documents as Fernando T., a Mexican citizen, to return to Minnesota.
Newsweek reached out to the Department of Homeland Security (DHS) and ICE via email on Monday for comment.
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Who Is Judge Tostrud?
Tostrud was nominated by President Trump in February 2018 and confirmed by the Senate in September 2018.
According to the Federalist Society, he spent the bulk of his career as a litigator at the Minneapolis firm Lockridge Grindal Nauen, where he focused on complex federal cases in health care, insurance, and financial services.
He later taught law full time at Mitchell Hamline School of Law before joining the bench and received his law degree summa cum laude from William Mitchell College of Law. His pro bono work included representing military veterans before the U.S. Court of Appeals for Veterans Claims.
What To Know
Fernando, a Mexican citizen, was arrested and detained in Minnesota on alleged immigration violations. On the evening of January 19, he filed a petition for a writ of habeas corpus seeking his release or a bond hearing.
The following morning—January 20, Inauguration Day—he filed for a temporary restraining order to prevent his transfer out of Minnesota while his case was pending. Tostrud granted that order at 11:23 a.m.
That same day, government counsel was assigned to the case, and ICE was informed of the restraining order at 2:25 p.m. By 3:03 p.m., ICE confirmed Fernando was still in Minnesota and would not be moved. But by January 22, ICE had transferred him to El Paso, Texas—directly violating the court's order.
When the court demanded a status report on January 23, the administration assured Tostrud that Fernando was scheduled to return to Minnesota by January 24. That same day, however, ICE's own tracking system incorrectly showed Fernando as detained at the Bishop Henry Whipple Federal Building in Minnesota—it was only through Fernando's own legal team flagging the discrepancy that the government confirmed he was actually in Texas.
On January 24, Tostrud granted Fernando's habeas petition and ordered him released within 48 hours. A flight to return Fernando to Minnesota was scheduled but canceled due to a major winter storm that had prompted a state emergency declaration in Texas. Rather than waiting for another flight back to Minnesota, ICE released Fernando in El Paso on January 25 —without his personal belongings, and without consulting with government counsel, as the administration later acknowledged. The earliest ICE said it could have returned him to Minnesota was January 27, which would have fallen outside the court's 48-hour release window.
Fernando's attorney paid the $568.29 airfare out of pocket for his return flight to Minnesota. The administration provided no explanation in its court filings for why Fernando's belongings were withheld at the time of his release.
In ruling on the contempt motion, Tostrud found the canceled flight, the winter storm, and the urgency of the 48-hour release deadline did not constitute valid excuses for the underlying violation of the January 20 order, and held all named respondents — including DHS Secretary Kristi Noem, Acting ICE Director Todd Lyons, and two ICE field office directors — jointly and severally liable for the $568.29 in compensatory sanctions.
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What People Are Saying
Judge Eric Tostrud, in his ruling: "Respondents acknowledge they violated that Order. Accordingly, I find that Respondents' conduct constitutes civil contempt."
Jesus Cruz Rodriguez, government attorney, U.S. Attorney's Office, in his letter to the court state he is: "Deeply remorseful and offers his sincere apologies for the situation," while maintaining there was "no indication the decision to release in Texas was made in willful disregard" of the court's order.
Later adding: "It is undisputable the Agency needed to consult with the undersigned counsel before making the decision to release Petitioner in Texas. That did not happen."
What Happens Next
The contempt order is set to take effect March 1, with the administration required to pay Fernando $568.29 by April 1.
Update 2/23/26, 6:27 p.m. ET: This article has been updated with additional information.
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