- United States
- Ohio
- Letter
We are a Nation of Laws. Why Are We Letting ICE Defy So Many Court Orders?
To: Sen. Husted, Sen. Moreno, Rep. Beatty
From: A verified voter in Columbus, OH
September 27
The constitutional order depends on the bedrock principle that no executive agency operates above the law or beyond the reach of the judiciary. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) have engaged in a systemic pattern of defying federal court orders, stays of removal, and binding judicial injunctions. This noncompliance is not administrative delay; it represents active defiance of federal authority. Federal judges across multiple jurisdictions, appointed by presidents of both parties, have issued contempt findings and threatened criminal sanctions against agency leadership for unlawful conduct: - Repeated Civil Contempt Findings in Maryland: On September 25, 2026, a federal judge held DHS in civil contempt for violating three separate court orders by deporting an asylum seeker to El Salvador—marking the second contempt finding against the agency in seven weeks following the wrongful deportation of over 50 unaccompanied minors. - Willful Injunction Violations in New York: On September 24, 2026, a federal judge issued a 125-page permanent injunction regarding conditions at ICE's 26 Federal Plaza facility, finding the agency had "willfully" and "recklessly" disregarded prior court orders and complied "only when convenient for them." - Mass Violations and Contempt Threats in Minnesota: The Chief Judge for the District of Minnesota—a George W. Bush appointee and former clerk to Justice Scalia—found that ICE violated over 200 court orders across 140 cases within weeks. The court ordered acting ICE leadership to personally appear and show cause why they should not be held in criminal contempt to protect the rule of law. - Disregarding Judicial Protections in California, New Jersey, and West Virginia: Federal courts have repeatedly vacated agency rulings and issued strict compliance measures after finding ICE violated no-transfer injunctions and court-mandated bond hearing protections by transferring detainees far from their filing districts. A New Jersey judge now requires ICE leadership to file sworn compliance declarations for every future injunction to prevent criminal contempt. Allowing a federal law enforcement agency to selectively obey court orders establishes a dangerous precedent that subverts Article III judicial authority. When an executive agency ignores court injunctions with impunity, it undermines the constitutional separation of powers. Congress holds the constitutional authority under Article I to compel compliance and hold federal agencies accountable. I urge you to take three immediate legislative actions: 1. Convene Emergency Committee Hearings: Direct the House and Senate Judiciary Committees to hold emergency oversight hearings to interrogate leadership at DHS and ICE regarding serial violations of federal court orders and active injunctions. 2. Condition Operational Appropriations on Full Compliance: Exercise the power of the purse to condition agency funding on verified, strict compliance with federal court rulings, withholding discretionary executive office appropriations where agencies are held in contempt. 3. Statutorily Strengthen Contempt Enforcement: Pass legislation establishing expedited judicial contempt reporting protocols and restricting federal funds for agency officials who intentionally execute administrative orders in direct violation of active judicial stays. Judges appointed across the political spectrum have concluded that this agency is violating federal court orders. Congress must exercise its oversight power to defend judicial authority and restore constitutional compliance. I ask that you take immediate action.
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