ICE is frustrating judges and exhausting DOJ attorneys
ICE attorney out after 'this job sucks' comment
Two attorneys will no longer be working for the U.S. Attorney’s Office for Minnesota after acknowledging in court this week that the federal government is "overwhelmed" by litigation coming out of Operation Metro Surge.
MINNEAPOLIS (FOX 9) - The U.S. Attorney’s Office is struggling to tread water as it deals with a flood of legal challenges, violations of court orders and frustrated judges.
ICE operations swamp legal system
What they're saying:
The Trump Administration claims it is "more than prepared to handle the legal caseload" emerging from Operation Metro Surge in Minnesota.
But that projection of confidence was undercut by statements from DOJ attorneys.
ICE's own General Counsel revealed his sudden departure in an automated email response to an inquiry from the FOX 9 Investigators later Friday.
"I have retired from public service," Jim Stolley wrote.
Another ICE attorney went viral this week for confessing "this job sucks."
Daniel Rosen, the U.S. Attorney for Minnesota, acknowledged his office is overwhelmed by the ongoing litigation.
His civil division has been cut in half.
That includes Ana Voss, the chief civil attorney, who was responsible for managing the 700-plus habeas petitions filed so far this year (more than all filings from 2025).
More than a dozen veteran attorneys have left the office since Operation Metro Surge began.
"I mean this is the canary in the coal mine," Anders Folk former Acting U.S. Attorney in Minnesota, told the FOX 9 Investigators. "Can this office even do its job right now?"
Who is handling fraud investigations?
Why you should care:
Many of those attorneys, including former acting U.S. Attorney Joe Thompson, were prosecuting massive fraud cases that the Trump Administration said prompted the surge in immigration enforcement in Minnesota.
The lead attorney in an upcoming trial related to the $250 million Feeding our Future fraud recently resigned. He had told a judge just a few weeks ago that he planned to try the case himself.
Two new prosecutors have been assigned just two months before the trial begins in April.
On Friday, the Minnesota Department of Human Services (DHS) said it’s not clear who in the U.S. Attorney’s Office is reviewing evidence in those fraud investigations.
"At this point, we're not really sure to be forthright with you all, who's receiving the information," said John Connolly, the deputy commissioner at DHS.
"We're forwarding the information as we always have in the usual channels. So who's received that information and who's investigating at the U.S. Attorney's Office? We're just not sure at this point given how many folks have departed that office."
Veteran prosecutors replaced with rookies
Dig deeper:
Veteran prosecutors with decades of experience who have handled hundreds of cases in Minnesota are being replaced with attorneys who only recently passed the bar exam, according to a review of court records by the FOX 9 Investigators.
Thomas Calhoun Lopez recently resigned from the office after handling more than 900 cases since 2000.
He had been prosecuting a criminal case involving an alleged assault on a federal agent.
His replacement appears to have graduated from law school in 2024. He was admitted to practice law in the U.S. District Court of Minnesota last Monday.
The FOX 9 Investigators identified at least three government attorneys who were only admitted to practice before the federal court in Minnesota in the past few days.
Federal attorneys working overtime
Big picture view:
Those left at the U.S. Attorney’s office are being re-assigned from criminal cases to help handle an unprecedented number of habeas filings from immigrants who claim they are being wrongfully detained, the DOJ acknowledged.
Rosen asked the 8th Circuit Court of Appeals to fast track a decision on whether the government can legally detain many of the immigrants.
Late Friday, the 5th Circuit sided with the Trump Administration, putting the issue on a likely path to the Supreme Court.
But as that legal issue works through the higher courts, Rosen expressed frustration that attorneys are having to work weekends and holidays, to meet judge’s deadlines and attend hearings on contempt motions.
"Paralegals are continuously working overtime. Lawyers are continuously working overtime," Rosen said in the affidavit.
ICE violating court orders
But federal judges have expressed just as much frustration with ICE and the Department of Homeland Security for violating nearly 100 court orders during the ongoing immigration operation.
"These are not judges that I would describe in any way as activist judges," Folk said this week. "These are judges who are very measured. And when I read these orders that we are all reading and this language that we are all reading, it would indicate the judges aren't just frustrated but are concerned because federal agencies aren't following the law."
Judge Jerry Blackwell called two DOJ attorneys into court to explain why ICE has repeatedly violated court orders to immediately return or release immigrants who have been wrongfully detained.
"Some of this is of your own making because of non-compliance with orders," Blackwell said in court.
'This job sucks'
The backstory:
Julie Le, a government attorney, explained it had been like pulling teeth to get ICE to comply with orders.
Her blunt response to the judge’s questions went viral this week.
"This system sucks, this job sucks," Le said.
Le said she had received no guidance or training since volunteering to move from representing ICE in immigration court to helping the U.S. Attorney’s Office deal with the increasing case load.
She had already been assigned to more than 85 cases since early January.
"I wish you would hold me in contempt of court so I can get 24 hours of sleep."
She was removed from her assignment the following day.
The Source: FOX 9 reporter Corin Hogard and Investigative Photojournalist Casey Hooker contributed to this report.