By Josh Skluzacek
The head of U.S. Immigration and Customs Enforcement (ICE) has been ordered to appear in person before Minnesota’s chief federal judge over his agency’s failure to comply with judicial orders.
U.S. District Court Chief Judge Patrick Schiltz filed his order to ICE’s acting director, Todd Lyons, on Monday.
The order from Schiltz, who President George W. Bush appointed, stems from the arrest of an Ecuadorian citizen in Minnesota.
In that case, ICE arrested the individual on Jan. 6. His attorney challenged the detention, and the court ruled that he wasn’t subject to detention because of the way ICE was applying the law. However, the judge set a deadline for the government to respond and give the individual a bond hearing. On Jan. 23, the detainee’s attorney told the court that ICE still hadn’t given a bond hearing to the still-detained individual. That drew the response from Schiltz.
“This is one of dozens of court orders with which respondents (ICE and Homeland Security) have failed to comply in recent weeks,” the chief judge wrote.
He went on to say, “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. Respondents have continually assured the Court that they recognize their obligation to comply with Court orders, and they have taken steps to ensure that those orders will be honored going forward. Unfortunately, though, the violations continue.”
Judge Schiltz added, “The Court’s patience is at an end.”
The order directs Lyons to appear in person to show “why he should not be held in contempt” for the repeated violations of court orders, a step Schiltz himself even acknowledged is an “extraordinary step.” However, he noted, “the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed.”
Despite the order, Lyons still seems unlikely to appear.
That’s because Schiltz noted that if, before the hearing scheduled for Friday afternoon in Minneapolis, ICE releases the Ecuadorian detainee from custody, “the Court will cancel the hearing and will not require Lyons to appear.”
Even so, the order seems to be a clear notice to ICE and federal officials that continued violations of court orders won’t be tolerated.
It came on the same day President Donald Trump announced a shakeup in immigration leadership in the Twin Cities, sending border czar Tom Homan to take control of operations while pulling Border Patrol commander Greg Bovino out of the state.
5 EYEWITNESS NEWS has reached out to Homeland Security for comment, but hasn’t yet heard back.
