An open letter to the U.S. Congress

Support Criminal Contempt Proceedings Against ICE for Court Order Violations

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I am writing to urge you to support criminal contempt proceedings against U.S. Immigration and Customs Enforcement officials who have repeatedly violated federal court orders in Minnesota. Chief Judge Patrick Schiltz of the U.S. District Court has documented at least 97 violations involving 66 different cases, plus an additional 113 alleged breaches in other matters. This level of noncompliance with judicial authority is unprecedented and demands the strongest possible response. Judge Schiltz stated he was "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." When a federal agency systematically ignores court orders, it undermines the rule of law and the separation of powers that protects all Americans. Civil enforcement measures have clearly failed to compel compliance. The situation in Minnesota stems from Operation Metro Surge, which detained thousands of people without adequate provisions for handling the resulting lawsuits. Judge Schiltz noted that the administration sent 3,000 ICE agents to Minnesota without making any provision for the hundreds of lawsuits that were sure to follow, placing government attorneys in an impossible position. Minnesota U.S. Attorney Daniel Rosen disputed the court's findings and accused Judge Schiltz of overstating noncompliance, but the court's re-evaluation confirmed the violations. Criminal contempt proceedings, which can result in fines or imprisonment for responsible officials, are the appropriate remedy when an agency refuses to respect judicial authority. Judge Schiltz has warned that continued noncompliance will force the court to move beyond civil measures. I urge you to publicly support these criminal proceedings and to advocate for accountability measures that ensure federal agencies comply with court orders. No agency should be above the law, regardless of which administration is in power.

▶ Created on February 28 by Lia

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