A federal judge in Minnesota on Wednesday canceled testimony scheduled from acting Immigration and Customs Enforcement Director Todd Lyons, but not without sharply rebuking the agency for what he described as a pattern of ignoring court orders in immigration cases.
Chief U.S. District Judge Patrick Schlitz, a George W. Bush appointee, had ordered Lyons to appear Friday in his Minneapolis courtroom to explain why ICE should not be held in contempt of court over its handling of detained migrants and repeated failures to comply with judicial directives.
The hearing was part of a case involving Juan Tobay Robles, who had been kept in custody despite a court order requiring either a bond hearing or his release.
But late Tuesday, ICE released Tobay Robles, averting Lyons’s required appearance and prompting the judge to cancel the in-person testimony.
In his initial order, Schlitz did not mince words about ICE’s conduct and said the agency’s reported noncompliance had caused “significant hardship” for immigrants in federal custody and strained the court system.
He pointed to what he described as “dozens” of court orders that ICE had failed to follow, including deadlines for holding bond hearings and other due-process requirements.
Schlitz included 96 court orders that ICE had violated in 74 cases and said the list should sound alarms for anyone “who cares about the rule of law.”
“ICE is not a law unto itself,” Schlitz said. “ICE has every right to challenge the orders of this Court, but, like any litigant, ICE must follow those orders unless and until they are overturned or vacated.”
Schlitz’s critique reflects mounting frustration in the federal judiciary over what some judges describe as lax compliance by ICE with basic procedural protections, particularly the timely provision of bond hearings and adherence to orders to release individuals unlawfully detained.
ICE’s decision to release Tobay Robles follows an eruption of protests in Minnesota calling to abolish ICE and remove its operations from Minnesota streets.
The protests stem from the fatal shootings of Renee Good and Alex Pretti by federal immigration officers this month.
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Minnesota leadership has had an on-again, off-again path forward with President Donald Trump and his administration.
Trump and border czar Tom Homan had “productive” phone calls and meetings with Gov. Tim Walz (D-MN) and Minneapolis Mayor Jacob Frey.
