Judge orders ICE chief to appear in court to explain why detainees have been denied due process

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MINNEAPOLIS, Minn. (AP) — Minnesota’s chief federal judge says the Trump administration has failed to comply with an order to hold hearings for detained immigrants and ordered the head of Immigration and Customs Enforcement to appear in court Friday to explain why he should not be held in contempt of court.

In an order issued Monday, Chief Judge Patrick J. Schiltz said ICE acting director Todd Lyons must appear in person. Schlitz faulted the government for its handling of immigration bail hearings in his detention.

“This Court has been extremely patient with defendants who, despite their decision to send thousands of agents to Minnesota to detain aliens, have made no provision for the disposition of hundreds of habeas corpus petitions and other litigation that will surely occur,” the judge wrote.

The order comes just a day after President Donald Trump ordered border czar Tom Homan to take over his administration’s immigration crackdown in Minnesota, following the second death of an immigration enforcement officer this month.

CNN sent messages to ICE and Department of Homeland Security spokespersons Tuesday seeking response.

“Defendants have continually assured the court that they recognize their obligation to comply with court orders and that they have taken steps to ensure that those orders are followed in the future,” Schlitz continued in the order. “But unfortunately, the violations continue.”

The judge said he recognized that ordering the head of a federal agency to appear in person would be unusual. “But the extent to which ICE violated the court order was equally extraordinary and attempted smaller measures that failed,” Schlitz wrote.

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Schlitz’s order lists the petitioner’s first name and last initial: Juan TR It says the court granted the man’s petition on Jan. 14 to provide him with a bail hearing within seven days. On January 23, the person’s lawyer told the court that the petitioner remained in custody.

The order states that Schlitz will cancel Lyons’ appearance if the petitioner is released.

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Catalini reported from Trenton, New Jersey.

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