We are closing in on 1,000 habeas corpus filings in Minnesota since the beginning of the year. In the 50 “business” days of 2026, so far, that would work out to 20 per day. We are down slightly from the pace of a few weeks ago, reflecting the dial back of ICE’s Operation Metro Surge. We currently stand at 993.
Each habeas petition seeks the release from ICE custody of one or more illegal aliens, The federal district judges in Minnesota have collectively decided to ignore the law and grant (nearly all of) these petitions without question or further inquiry. Judges typically rule for the plaintiff alien as soon as the petition is filed, without waiting for a response from the government.
The judges will continue to do so until stopped by the 8th circuit court of appeals or the U.S. Supreme Court.
Two bits of background on the phenomena:
First, habeas cases involve illegal aliens suing the government for their immediate release. Essentially, the government has “lost” the habeas case the instant it is filed. As a courtesy to federal court staff, the executive branch has traditionally waived its right to be served lawsuits in person and allows for electronic filing. Plaintiffs (aliens and their lawyers) and judges habitually abuse this goodwill by filing lawsuits and orders on nights, weekends, and holidays, starting the clock while government lawyers are not on duty.
Second, when ICE detains an alien for deportation in Minnesota, they are processed locally and quickly dispatched elsewhere. Frequently, aliens are sent to El Paso, Texas, home to a large ICE facility and just across the river from Mexico.
As I understand the law, habeas petitions must be filed in the jurisdiction where the alien is actually located at the time. If the alien is located in El Paso, then the petitions would automatically fail, as Texas judges are forced to comply with the law, which requires detention.
Plaintiffs/judges have developed two workarounds to these obstacles. The instant a habeas petition is filed, a judge will order the alien not to be moved out of Minnesota. If the alien is then moved, the judge will declare that the order has been violated, regardless of whether anyone ever saw the order.
If the alien has already been moved, then Minnesota judges will (unlawfully) assert nationwide (worldwide) jurisdiction to order his return.
This is where the contempt filings come in. Newsweek has documented another instance where the government has been held in contempt for “violating” a judge’s habeas order,
Trump-appointed judge finds admin in civil contempt
All of the judges in the district have signed off on this misinterpretation of immigration law. Newsweek writes,
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.
The Fox News account makes clear that the detainee involved, Fernando Gutierrez Torres, is a Mexican national, hence the transfer to El Paso. Newsweek writes,
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.
January 19 was a federal holiday and government offices were officially closed. Fernando’s lawyer filed the lawsuit at night, on a holiday, so before anyone saw it on the receiving end, Fernando had already won. The case is File No. 26-cv-445.
The following morning, he filed for a temporary restraining order to prevent his transfer out of Minnesota while his case was pending. [Judge Eric] Tostrud granted that order at 11:23 a.m.
From Newsweek,
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.
Counsel was “assigned” and ICE “informed” by the sending of emails to general department email addresses.
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.
Here, ICE hurries to comply with a court order as best they can given the circumstances on the ground.
So, the government was guilty of contempt for the entire judicial branch because the government refused to control the weather in the middle of winter. ICE was ordered to refund Fernando the $568.29 he was out of pocket for the return flight to Minnesota.
Ok. So, a mid-winter storm gets spun into “Trump defies court order issued by Trump judge.”
I’m not sure that the contempt filing was strictly necessary to refund Fernando the $568. Unlike other cases, the judge does not appear to have found any individual government official in contempt or assigned the fine to any one person.
But it did generate nationwide negative headlines for the administration, so, mission accomplished.
