'No explanation': Trump-appointed judge finds ICE in contempt for violating court order by shipping man out of state, demands reimbursement for airfare back home

A Minnesota national justice connected Monday recovered the Trump medication successful contempt aft a Mexican antheral was unlawfully detained, flown hundreds of miles distant from home, and released successful a Texas godforsaken metropolis without immoderate mode to instrumentality location — each successful usurpation of a tribunal order.

The eight-page sentiment and order offers a permutation of lawsuit instrumentality autochthonal to the 2nd medication of President Donald Trump.

Such cases, which person rapidly established precedent, mostly impact territory tribunal judges shutting down controversial efforts to reshape however the authorities classifies immigrants successful bid to detain them.

In the present case, petitioner Fernando Torres won habeas corpus merchandise successful precocious January by convincing U.S. District Judge Eric C. Tostrud, a first-term Trump appointee, that helium had been "misclassified" by Immigration and Customs Enforcement (ICE).

"This raises an contented of statutory mentation that courts successful this District person repeatedly considered and rejected, and it volition beryllium rejected present arsenic well," Tostrud wrote successful his earlier order. "Respondents shall merchandise Petitioner from custody arsenic soon arsenic practicable."

Now, good aft Torres has been released, the Trump medication has suffered different nonaccomplishment for however the merchandise was effectuated.

After the justice issued the earlier order, ICE released the petitioner successful El Paso, Texas — astir 1,500 miles distant from his Minnesota home.

He was besides released "without his belongings," the justice noted.

"Fernando's counsel paid $568.29 for Fernando's airfare to instrumentality to Minnesota," the bid reads. "Fernando seeks compensatory sanctions—namely, compensation for Fernando's airfare and attorneys' fees."

As it turned out, ICE was expected to person brought Torres backmost to the Land of 10,000 Lakes earlier helium was released — and antecedently violated a tribunal bid by moving him to the Lone Star State.

On Jan. 19, the archetypal petition was filed. The adjacent day, Tostrud entered a impermanent restraining bid barring ICE from moving Torres retired of authorities until the proceedings concluded. ICE acknowledged the bid but past promptly ignored it by transferring Torres anyway. Then, 2 days later, authorities attorneys admitted to the violation.

The justice summarizes:

In different words, ICE was informed of the Order enjoining Fernando's removal from Minnesota connected January 20. That aforesaid day, ICE represented that Fernando would not beryllium moved retired of Minnesota. But connected January 22, ICE transferred Fernando from Minnesota to Texas.

Still, the tribunal gave the authorities an accidental to hole the problem. And authorities lawyers told the tribunal they would bash so.

But past they seemingly ignored their ain practice arsenic well.

"On January 23, I issued an Order requiring Respondents to place Fernando's determination and the docket for his instrumentality to the District of Minnesota," the latest bid continues. "Respondents affirmatively 'confirmed[ed] ICE informed it has [Fernando] scheduled to beryllium backmost successful Minnesota tomorrow, 24 January 2026.' Despite this assurance, Fernando was released successful El Paso."

And, erstwhile asked to relationship for what happened successful the case, the Trump medication seemingly had small to accidental for itself, but 1 footnote successful which a DOJ lawyer suggested "a large wintertime storm" successful Texas precluded the petitioner being returned backmost to Minnesota.

Tostrud was not having it.

Again, the court, astatine length:

Fernando is entitled to compensatory sanctions for Respondents' civilian contempt of the January 20 Order. The Order enjoined Respondents from moving Fernando from the District of Minnesota during the pendency of his Petition. Respondents admit they violated the January 20 Order by transferring Fernando to El Paso, contempt cognition that his question extracurricular of this District was enjoined. Respondents supply nary mentation for Fernando's transportation to El Paso contempt the enjoinment of his question from this District.

As a effect of Respondents' usurpation of the January 20 Order and their nonaccomplishment to cure that usurpation connected their own, Fernando and his counsel incurred the undisputed and documented $568.29 expenditure for Fernando's instrumentality airfare. To the grade Respondents connote that a canceled flight, a wintertime snowstorm, oregon haste to comply with the Court's January 24, 2026 Order directing Fernando's merchandise excuse their contempt, these asserted justifications bash not enactment an inability to comply with the January 20 Order. Respondents admit they violated that Order.

"Accordingly, I find that Respondents' behaviour constitutes civilian contempt, and Respondents (as defined herein) are jointly and severally liable for compensatory civilian contempt sanctions for airfare costs Fernando incurred due to the fact that of the violation," the bid goes on.

In a footnote of his own, Tostrud muses that the DOJ whitethorn take to place who, exactly, should incur the authorisation — should it truthful desire.

"We bash not cognize which of the Respondents was straight liable for the January 20, 2026 Order's violation," the footnote reads. "If Respondents privation to get an amended bid that identifies which circumstantial idiosyncratic oregon entity is straight responsible, Respondents should record a question identifying the liable Respondent and requesting this Order's amendment."