ICE in Minnesota: U.S. Attorney heading back to court over violations

ICE in Minnesota: U.S. Attorney heading back to court over violations

Federal judges in Minnesota are weighing contempt charges against government officials due to ongoing court violations linked to Operation Metro Surge. U.S. Attorney Daniel Rosen will return to a federal courtroom Thursday where he will face possible contempt charges once again over violations of court orders. FOX 9's Paul Blume has more.

Minneapolis-FOX 9 - Federal judges in Minnesota are weighing contempt charges against government officials due to ongoing court violations linked to Operation Metro Surge.

Federal judges consider contempt charges

What we know:

U.S. Attorney Daniel Rosen will return to a federal courtroom Thursday where he will face possible contempt charges once again over violations of court orders.

Senior District Court Judge John Tunheim ordered the hearing in connection to half-a-dozen immigration cases where the government is accused of violating orders to immediately return personal belongings to individuals who were unlawfully arrested.

"In each case, Respondents (the government) have violated the terms of the Court’s orders by retaining possession of the Petitioners’ personal property—including bank cards and identification documents—without any lawful basis to do so," wrote Tunheim. 

He said the violations must be resolved without any further delay.

"Petitioners’ lack of access to their most essential physical possessions has compounded the harms of their unlawful arrest, often resulting in financial distress and further risks to their safety and well-being."

Tunheim ordered Rosen to appear in court for the second time this week.

U.S. Attorney pushes back in ‘testy’ hearing

The backstory:

On Tuesday, Rosen was in front of a separate judge facing similar contempt threats over government noncompliance with court orders.

In what the judge himself called a "testy" hearing that lasted all day, Rosen defended his office's actions related to the litigation involving ICE.

"There was no defiance, no disobedience and that is what is required for contempt," argued Rosen.

Judge Jeffrey Bryan, however, has not ruled out imprisonment as a potential consequence for the government's continued violations of court orders, although he acknowledged such a result is unlikely.

 ICE is ‘not above the law'

What they're saying:

After Tuesday’s hearing, immigration attorneys highlighted the challenges facing their clients who were released without essential personal items like cell phones and key documents.

"Things like a driver's license, work permit… are essential liberty-interest property elements," said Rachel Engebretson.

Sly Onyia, emphasized the need for government accountability. "We have constitutional rights, and when the government seizes property, they need to justify it," said Onyia. "I think the message is clear -- hold the government accountable. They're not above the law."

What's next:

Judge Bryan concluded Tuesday's hearing by stating he would take everything under advisement before issuing a contempt ruling, though no timeline was provided.

Meanwhile, Tunheim’s hearing is scheduled for the U.S. District Courthouse in Minneapolis on Thursday at 2 p.m.