A federal judge appointed by former President Joe Biden indicated he might consider ordering the imprisonment of officials from ICE and the Department of Justice during a heated exchange in the courtroom with U.S. Attorney Daniel Rosen, as reported by local affiliate Fox 9.
A news outlet reported that U.S. District Judge Jeffrey Bryan in Minnesota summoned Rosen and several officials from ICE and the DOJ to court for an unusual contempt hearing regarding alleged “unlawful conduct” by federal officials. The hearing is a result of the Trump administration’s “Operation Metro Surge,” which targeted illegal immigration and fraud.
During the proceedings, Bryan indicated that he had “not ruled out the possibility of imprisonment” for the federal officials involved in this case.
Fox 9 reported that Bryan acknowledged that imprisonment would likely be an unlikely “extraordinary measure.” However, he emphasized that all options are being considered. Bryan stated that such imprisonment would represent a “historic low point” for the U.S. Attorney’s Office.
The hearing occurred during a rise in Minnesota federal judges accusing the federal government of contempt for failing to comply with court orders. Last week, Chief U.S. District Judge Patrick Schlitz strongly criticized the U.S. Attorney’s Office for its alleged lack of compliance.
“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,” Schlitz said.
Bryan summoned Rosen and several ICE officials, alleging that the federal government failed to comply with multiple court orders. The orders required the return of cash, phones, passports, and identity documents belonging to 28 individuals who were “unlawfully detained” and later released by the agency.
The hearing was tense, with Bryan himself admitting that he and Rosen had “been a little testy and frosty with each other,” according to The Associated Press.
In another exchange reported by Fox 9 journalist Paul Blume, Bryan criticized ICE Deputy Field Office Director Tauria Rich’s use of the term “alien” to refer to immigrants, emphasizing that they are discussing “people, not space aliens.”
At another point, Rosen told Bryan, “Your honor has made a remark smearing myself,” according to AP.
Rosen stated that out of the 28 individuals who have accused the agency of improperly holding their personal belongings, only five cases remain unresolved. He mentioned that the government would compensate immigrants in instances where their property was lost, describing these situations as “falling into the realm of human error.” Additionally, Rosen indicated that the federal government believes that property has been returned in all other cases.
Rosen said there “was no defiance, no disobedience” on the part of the government and that “the government believes contempt is far beyond anything that ought to be considered here today.”
Bryan didn’t issue a ruling on Tuesday. Also, he didn’t give a timeframe for when he would reach a decision.
Last month, White House Border Czar Tom Homan announced that the Trump administration would begin drawing down around 700 federal immigration agents from Minnesota, citing improved cooperation between local and federal authorities in handling illegal immigration cases.
Speaking at a press conference in Minneapolis, Homan said the reduction marks a shift toward “smarter enforcement,” as local counties have begun honoring more Immigration and Customs Enforcement (ICE) detainers for illegal immigrant prisoners held in county jails. Those detainers request local facilities to notify federal authorities before releasing an illegal immigrant, allowing ICE to assume custody for deportation.
“We currently have an unprecedented number of counties communicating with us now and allowing ICE to take custody of illegal aliens before they hit the streets,” Homan said. “Unprecedented cooperation.
“Now say it again — this is efficient. It requires only one or two officers to assume custody of a criminal alien target rather than eight or ten officers going into the community and arresting that public safety threat,” he added.