ICE releases detainee after judge threatens chief with contempt

MINNEAPOLIS (CN) — Acting Immigration and Customs Enforcement Director Todd Lyons likely escaped a mandatory court appearance in Minnesota on Friday after the Trump administration reportedly complied with a federal judge’s ultimatum to release a wrongfully detained man on Tuesday.

The release comes less than a day after Chief U.S. District Judge Patrick Schiltz issued a scathing order to Lyons to personally appear before the court, citing what he described as a pattern of violating court orders amid the Trump administration’s immigration crackdown in Minnesota.

In the brief, yet heated order dated Monday, Schiltz said the court’s patience is “at an end.” He suggested the administration made no effort to prepare for the legal fallout of sending “thousands of agents” into Minnesota, and has routinely failed to release immigrants from ICE custody within a court-ordered time frame.

The consequence of ICE’s failure, Schiltz said, causes significant hardship to immigrants, many of whom “have lawfully lived and worked in the United States” for years. The judge pointed to immigrants who have been flown to Texas, released and told to figure out a way to get home.

Schiltz acknowledged that ordering the head of a federal agency to personally appear in court is a rare move. “But the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” the George W. Bush appointee added.

The order stems from the case of Juan Hugo Tobay Robles, an Ecuadorian man detained by ICE on Jan. 6.

On Jan. 14, Schiltz ordered ICE to allow Robles to challenge his detention at a bond hearing, or to release the man from custody. As part of the ruling, the judge found ICE was holding Robles under an improper reading of the law, giving the agency seven days to comply with court instructions.

Nearly two weeks later, Robles had not had a hearing and remained in ICE custody — one of “dozens of court orders” where ICE has failed to comply, according to Schiltz.

The Trump administration’s decision to release Robles was almost assuredly spurred from an “out” provided by Schiltz, which allowed Lyons to avoid a personal court appearance by releasing Robles immediately.

No announcement has been made on whether or not Lyons will still be required to appear in court.

Judicial frustration appears to be spreading across the Twin Cities. Also on Monday, U.S. District Judge Eric Tostrud heard arguments in St. Paul over whether to extend a preliminary order forcing the government to preserve evidence from the fatal Border Patrol shooting of 37-year-old Alex Pretti in Minneapolis.

Following Saturday’s shooting, President Donald Trump announced Monday that White House “border czar” Tom Homan would replace Border Patrol chief Gregory Bovino as head of the operation in Minnesota. Some federal agents are expected to leave the Twin Cities with Bovino.

Earlier on Monday, U.S. District Judge Katherine Menendez held a hearing over whether the Trump administration had crossed the line with its federal occupation — questioning whether the operation is legitimate, or a tool of political coercion.