A federal judge appointed by Donald Trump has found the U.S. government in civil contempt after ICE violated a court order. They transferred a detainee out of Minnesota and later released him in Texas without his belongings.
U.S. District Judge Eric Tostrud issued the ruling on Monday. He ordered the administration to pay $568.29 to cover a plane ticket for the man, whose name is listed as Fernando T. in court documents, to return to Minnesota. This cost is reportedly what his attorney paid after ICE released him in El Paso, Texas, via Newsweek.
Tostrud’s order comes from a habeas corpus petition that challenged ICE’s attempt to transfer the Mexican national from Minnesota to Texas. This occurred despite a temporary restraining order that barred his removal. The judge stated that the government’s actions violated the earlier court order and constituted civil contempt, even though officials cited a winter storm and logistical issues as reasons for mishandling the return.
“Respondents acknowledge they violated that Order,” Tostrud wrote in his contempt ruling. “Accordingly, I find that Respondents’ conduct constitutes civil contempt.” His order requires the administration to cover the airfare by April 1.
The situation began when Fernando filed a habeas corpus petition challenging his detention in January. Tostrud granted the petition on January 24 and ordered that Fernando be released within 48 hours. This set a deadline for ICE to comply with the court’s directive. A flight was arranged to return him to Minnesota, but a winter storm led to the cancellation of that plan.
Instead of rescheduling another flight that could have met the judge’s deadline, ICE released Fernando in El Paso on January 25 without his personal belongings and without coordinating with government counsel as required by the court order, according to court documents. The government later acknowledged the transfer and release but did not explain why they withheld his belongings.
Fernando’s attorney pointed out the discrepancy after ICE’s internal tracking system incorrectly showed him as still detained in Minnesota, causing confusion about his whereabouts. The attorney ultimately paid for the plane ticket home.
The contempt ruling includes several high-ranking officials named in the case, such as Homeland Security Secretary Kristi Noem and Acting ICE Director Todd Lyons. Tostrud held all named officials jointly responsible for the reimbursement order.
Government counsel, in a letter to the court, expressed regret over the violation and admitted that ICE did not consult with assigned attorneys before releasing Fernando. However, the letter stated there was “no indication the decision to release in Texas was made in willful disregard” of the court order. Tostrud rejected claims that weather or logistics justified the actions taken.
Holding the executive branch in contempt is relatively rare and indicates serious judicial concern over compliance with court orders. Civil contempt aims to ensure adherence to court mandates and compensate individuals harmed by violations, but it does not lead to criminal penalties unless clear intent is proven.
The court’s sanction is set to take effect on March 1, requiring the administration to meet the reimbursement deadline or face further court action. This is another chapter in a long list of court battles involving Trump-era immigration enforcement. If they ignore the court order, it would be far from a first for the Noem-led enforcement.
