February 27, 2026


Federal Judges Threaten Contempt Charges Against US Government Amid Immigration Detention Issues

In an unprecedented series of legal confrontations, federal judges have issued multiple threats to hold the US government in contempt due to its noncompliance with court orders. Chief Judge Patrick Schiltz of the District of Minnesota expressed his unprecedented frustration, marking the first time in US history that a federal court has had to repeatedly threaten contempt to enforce compliance from the federal government. This arises amidst contentious interpretations of immigration law by the Department of Homeland Security (DHS).

At the heart of the conflict is a controversial ICE memo from July, which has been used to justify the detention of immigrants who have been in the country for years, or even decades, under a statute meant primarily for asylum seekers at the border. This broad application of the law has led to a surge in habeas cases, overwhelming already understaffed US Attorney’s Offices.

Judges outside the Fifth Circuit have consistently rejected this broad interpretation of the law, yet the issue persists as ICE continues to detain long-term residents. The legal pushback has included specific court orders for the humane treatment and release of detainees, including the return of personal belongings and the avoidance of unnecessary restrictions like ankle monitors.

Last month, Judge Schiltz highlighted 96 instances where his orders were disregarded in January alone. Following a significant backlash from Daniel Rosen, US Attorney for Minnesota, Schiltz countered with evidence of 113 more violations this month. The tensions have escalated to the point where senior legal figures, including Rosen and David Fuller, chief of the Civil Division in Minnesota, have been summoned to contempt hearings to address these failures.

In a similar vein, Judge Jeffrey Bryan in Minnesota and Judge Zahid Quraishi in New Jersey have expressed their dissatisfaction and readiness to take rigorous actions against the DHS for its handling of detained immigrants. Quraishi, in particular, criticized the government's reliance on what he termed "manifest recklessness" in their interpretations of immigration law.

This mounting legal strife paints a grim picture of the relationship between the judiciary and the executive branches, particularly under the current administration's aggressive immigration policies. The ongoing legal battles not only strain resources but also spotlight the human cost of these policies, potentially leading to significant shifts in how immigration laws are enforced and interpreted in the United States. The judiciary's firm stance underscores a critical check on executive powers, emphasizing the importance of adherence to legal standards and human rights.