A chief judge warns Minnesota’s top prosecutor and ICE: Obey court orders or face contempt

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ST. PAUL, Minn. (AP) — The chief federal judge for Minnesota issued a stern warning Thursday to the chief federal prosecutor for the state, as well as to Immigration and Customs Enforcement officials, warning them that they must comply with court orders or they risk criminal contempt charges.

Chief Judge Patrick Schiltz, who was appointed to the bench by President George W. Bush and is seen as a conservative, took issue with an email he received Feb. 9 from U.S. Attorney Daniel Rosen, in which the prosecutor accused the judge of overstating the extent of ICE's noncompliance with court orders arising from the Trump administration's immigration enforcement crackdown in Minnesota.

His order filed Thursday was just the latest in a series of critical and sometimes scathing statements and rulings by federal judges in Minnesota and elsewhere across the country against how the Trump administration has attempted to conduct mass deportations of immigrants, often citing violations of due process and standards for humane treatment.

In a filing by a different judge Thursday, Rosen, the head of his civil division and ICE representatives were ordered to appear for a contempt hearing Tuesday over failures to comply with court orders for the return of detainees' property.

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.”

Rosen told Schiltz his office's own review of a “statistically strong sample” of 12 of those 74 cases found a high compliance rate, and complained that the tally by the judges “was far beyond the pale of accuracy for an order that would be wielded so publicly and so sharply. The lawyers in my civil division didn’t deserve it.”

Schiltz wrote in a new order that he filed Thursday that he then asked his judges and law clerks to review the numbers. While he said they discovered some mistakes, which cut both ways, they concluded that ICE violated 97 orders in 66 of the cases referred to in his earlier order.

“Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders," he wrote. "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.”

The chief judge also attached a list that documented 113 additional order violations in 77 additional cases, mostly since the original tally.

“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," Schiltz wrote, noting the wave of resignations that has left Rosen's office shorthanded. "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.”

Neither Rosen nor ICE officials immediately responded to a request for comment.

Rosen acknowledged at a news conference Wednesday — his first since taking office in October — that his staff of prosecutors has fallen dramatically. He bristled when it was pointed out that at least two criminal cases have been dropped in recent days due in part to the losses. Rosen said the office had 64 assistant U.S. attorneys on the last day of his predecessor's term; 47 as of Rosen's first day; and was now down to 36. But he also insisted he was hiring new prosecutors at a “good clip” and that his office still has the capacity to prosecute major crimes.

The chief judge ended with a blunt warning:

“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," he wrote. "One way or another, ICE will comply with this Court’s orders.”