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Ocelot II

(130,045 posts)
Fri Feb 27, 2026, 12:32 PM 7 hrs ago

Another federal judge just *roasted* DHS - and I'm not exaggerating.

The chief judge of the District of Minnesota, Patrick Schiltz, a Bush appointee generally considered to be relatively conservative, issued an order like nothing I've ever seen from a court before. I can imagine the physical paper copy blackening and curling up at the edges.
https://www.twincities.com/2026/02/26/a-chief-judge-warns-minnesotas-top-prosecutor-and-ice-obey-court-orders-or-face-contempt/
No paywall https://www.twincities.com/2026/02/26/a-chief-judge-warns-minnesotas-top-prosecutor-and-ice-obey-court-orders-or-face-contempt/?share=deen2m2sismfncabucaw

Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders. ...The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt — again and again and again — to force the United States government to comply with court orders....

As noted, Rosen asserted in his email that “[t]he lawyers in my civil division didnʹt deserve” the supposedly inaccurate January 28 order.  Putting aside the fact that the January 28 order was not inaccurate, Rosen failed to mention that this Court said the following in the show‐cause order that preceded the January 28 order:

The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources.

The judges of this District have been extraordinarily patient with the government attorneys, recognizing that they have been put in an impossible position by Rosen and his superiors in the Department of Justice (leading many of those attorneys—including, unfortunately, Ana Voss—to resign).  What those attorneys “didn’t deserve” was the Administration sending 3000 ICE agents to Minnesota to detain people without making any provision for handling the hundreds of lawsuits that were sure to follow. 
....
If anything is “beyond the pale,” it is ICE’s continued violation of the orders of this Court.  Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders.  The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt—again and again and again—to force the United States government to comply with court orders. 

This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt.  One way or another, ICE will comply with this Court’s orders.


https://s3.documentcloud.org/documents/27422498/chief-judge-patrick-schiltz-order.pdf

10 replies = new reply since forum marked as read
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Another federal judge just *roasted* DHS - and I'm not exaggerating. (Original Post) Ocelot II 7 hrs ago OP
I love it! CoopersDad 7 hrs ago #1
EXCELLENT! (nt) AZJonnie 7 hrs ago #2
Sadly, Stephen Miller, Toad Trump, Cos Play Kristie, and Bombastic Bondi just say: Make me! Attilatheblond 7 hrs ago #3
ding. this. AllaN01Bear 6 hrs ago #4
When will it be time to move beyond "threatening contempt" to "holding in contempt"? TheRickles 5 hrs ago #5
This is exactly what i was about to post. (Glad I read the comments first. 😄) ShazzieB 5 hrs ago #7
This judge isn't playing. Ocelot II 5 hrs ago #8
Thanks. So do you think he'll file against Rosen, the boss? TheRickles 2 hrs ago #9
Depends on what happens next. Will Rosen's staff comply, Ocelot II 2 hrs ago #10
K&R UTUSN 5 hrs ago #6

CoopersDad

(3,302 posts)
1. I love it!
Fri Feb 27, 2026, 12:51 PM
7 hrs ago
Schiltz had previously described ICE as a serial violator of court orders related to the enforcement surge. In a Jan. 28 order, he expressed “grave concerns” after federal judges in Minnesota identified 96 orders that ICE had violated in 74 cases. In Thursday’s order, Schiltz said the government’s response “was not to do a better job complying with court orders, but instead to attack the Court.”

Attilatheblond

(8,615 posts)
3. Sadly, Stephen Miller, Toad Trump, Cos Play Kristie, and Bombastic Bondi just say: Make me!
Fri Feb 27, 2026, 01:21 PM
7 hrs ago

and ignore judgments, court orders, and laws. The coup already took place. Only road open is to arrest the lot of them, starting with the top.

TheRickles

(3,288 posts)
5. When will it be time to move beyond "threatening contempt" to "holding in contempt"?
Fri Feb 27, 2026, 02:24 PM
5 hrs ago

And what would the actual penalty be? IANAL

ShazzieB

(22,445 posts)
7. This is exactly what i was about to post. (Glad I read the comments first. 😄)
Fri Feb 27, 2026, 02:56 PM
5 hrs ago

I would have thought the time for threatening criminal contempt charges is long past by now. IANAL or a judge, so I don't know what the criteria are for charging or how many warnings it's customary to give, but I can't help wondering wtf it's going to take.

Don't get me wrong; I love Schiltz' ruling. I just have questions!

Ocelot II

(130,045 posts)
8. This judge isn't playing.
Fri Feb 27, 2026, 03:06 PM
5 hrs ago

The judges in this district realize that the lawyers in the US Attorneys' Office haven't been able to keep up with the work created by the violence and overreach of 3,000 ICE agents kidnapping people off the street without due process, and for that reason they haven't in most cases cited the individual AUSAs, many of whom have now actually quit. I think this judge was clearly aiming his threat at the boss, Daniel Rosen (a recent appointee as US Attorney and apparently a Trump toady), and maybe higher up the ladder. There's no point in filing contempt charges against the rank and file AUSAs, because they can't manage the impossible workload DHS/ICE has dumped on them.

The only way DHS can fix the problem is by turning everyone loose who's filed a habeas petition.

Ocelot II

(130,045 posts)
10. Depends on what happens next. Will Rosen's staff comply,
Fri Feb 27, 2026, 05:50 PM
2 hrs ago

unlikely considering the enormous backlog and the fact that half of the AUSAs have quit, or will they simply release the people who have filed habeas petitions? That office has already had to dismiss cases against actual criminals because there weren't enough prosecutors left to handle those cases, so why shouldn't the habeas petitioners be turned loose too?

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