A federal judge on Tuesday pressed Minnesota’s top federal prosecutor over his office’s repeated failure to promptly comply with court orders to return property to immigrants who have been released from federal custody. The judge made it clear he is considering holding Department of Justice officials in criminal contempt of court.
“I haven’t ruled out the consequence of imprisonment,” U.S District Judge Jeffrey Bryan told Minnesota’s U.S. Attorney Daniel Rosen.
Tuesday’s hearing highlights the frustration federal judges in Minnesota have expressed toward U.S. Immigration and Customs Enforcement (ICE) and the government lawyers representing the agency.
More than 4,000 immigrants have been arrested in Minnesota since ICE began Operation Metro Surge in December. Hundreds filed federal court cases challenging their detention, known as habeas petitions. Those cases have overwhelmed federal district court at a time when more than a dozen attorneys have quit the Minnesota’s U.S. Attorney’s Office.
Immigrants who win their cases have frequently been released without belongings that were confiscated by the federal government. Judge Bryan, appointed by former President Joe Biden, lumped more than two dozen cases together in a single contempt hearing, and ordered Rosen, Assistant U.S. Attorney David Fuller and ICE St. Paul Field Office Deputy Director Tauria Rice to defend themselves.
“It’s not often that we have a combined hearing like this,” Bryan said. “It is an extraordinary measure.”
Bryan and Rosen had a contentious exchange early in the hearing, with Bryan frequently telling Rosen not to talk over him. Bryan said his goal was to determine whether to hold Rosen and his colleagues in civil contempt and that he hadn’t ruled out criminal contempt of court.
“Your honor has made a remark smearing myself and Mr. Fuller, ” Rosen said.
Bryan structured the hearing to allow for a recess in which the two dozen immigration lawyers could discuss their clients’ outstanding property issues with ICE and U.S. attorneys. They milled about the courtroom and spoke quietly with Rosen and Fuller during a half-hour break.
Bryan said he would throw out any cases where all property had been returned to detainees who were released.
Rosen told Bryan there were two cases he was aware of where property was lost and not returned. At least 12 cases were resolved between U.S. attorneys and assembled immigration reporters during the recess.
But immigration attorneys said the government’s pattern of not following orders needs to be curtailed. Not tracking detainees’ belongings as they are transferred to facilities across the country is a problem the government caused themselves, said attorney Mackenzie Moy.
“When this court orders they be released and their property be released, somehow they are unable to comply,” Moy said.
Sly Onyia, a Minneapolis immigration attorney, said that even two cases where the government is not complying with court orders justifies a contempt finding.
“There’s no excuses,” Onyia said.
Bryan said the contempt hearing is happening in the context of a pattern of noncompliance with court orders from the federal government, something Rosen disputed. The two acknowledged they had “testy” exchanges during the hearing.
Bryan said he intends to question Rosen, Fuller and Rice in the afternoon.
