One of the petitioners -- a roofer named Riky who's in the U.S. legally on a U1 visa -- is still missing his work permit & $400 nail gun. Can't do much roofing without either. His lawyer says ICE agents told Riky they were going to destroy the nail gun. He's also missing $100 in cash.
I was there today, and at Judge Bryan's on Tuesday. This one was far less spicy (and shorter). U.S. Atty Dan Rosen was contrite and promised full compensation for missing items. Tunheim is promising a ruling tonight, likely w/ 30-day deadline to return items with threat of civil contempt fines.
Later, from the lectern, Rosen tells Bryan: "Contempt is far beyond anything that can be considered here today.” Judge concludes hearing, takes issue of contempt under advisement, so no finding of contempt against Rosen and civil chief Fuller issued today.
In remarkable move, Bryan calls U.S. Atty Rosen to the witness box and puts him under oath: "It is the culture of our office that when an order comes down from a court, that you convey that to their client, that you convey their obligation to comply," Rosen said.
Rich: "No. It’s in our code of ethics. Multiple people are working together when we process each alien."
Judge Bryan: "I understand that the statute uses that term. But we’re not talking about space aliens. We’re talking about people."
Tauria Rich - St. Paul ICE deputy field director sworn in & answering questions from Judge Bryan. Bryan: "Can ICE or ERO just take property from detained people? Put it in their pocket and go home? Steal it?"
Things have calmed down considerably after lunch break in contempt hearing. Judge Bryan removes all but 5 habeas cases from the list after U.S. Atty Rosen confirms that belongings have been returned or there are no other outstanding problems.
Before lunch break, Minnesota U.S. Atty Dan Rosen and petitioners' attorneys stipulate that 11 former detainees' belongings have been returned. These cases are removed from the contempt hearing but others remain for the afternoon.
ROSEN: The government is making "extraordinary efforts to comply with court orders." Judge calls brief recess.
Petitioner's counsel Sly Onyia: "If civil contempt is not issued, the government is going to continue doing what they’ve been doing." Onyia says ICE is still leaving people stranded without their personal belongings. Many are still missing their IDs, phones, wallets, etc.
Petitioner's counsel Mackenzie Moy: There are instances "in which the government has filed declarations to the court that are patently false. We know what we are seeing and it doesn’t appear to be in good faith.”
Rosen: In 26 of 28 cases we've achieved "full performance" of returning belongings. In 2 cases we believe that further diligent search for the items "would be futile." We don’t believe that error on the part of the property custodian is grounds for civil contempt.
JUDGE BRYAN: "Are your clients contesting the fact that they received court orders?
ROSEN: (Interrupting the judge) "Your honor has made a mark smearing me…"
JUDGE: "You can’t talk over me."
Rosen said that DHS received 52 court orders
Judge Bryan: "It is my intention this morning to determine whether to hold you (Rosen) in civil contempt or Mr. Fuller (civ div chief) in civil contempt. I have not ruled out criminal contempt. I do not want to hold anyone in contempt today."
The hearing is now underway. Bryan asks Rosen if the court has the power to enforce its orders through civil contempt. Rosen: Generally yes, but in this case no.
... previously threatened Acting ICE Director Todd Lyons with contempt for failing to release a detainee. Schiltz called off the hearing after ICE released the man. In more recent orders, Schiltz found that DHS had violated more than 200 court orders.
Bryan, a Biden appointee, is far from the only judge to threaten immigration officials with contempt. Judge Patrick Schiltz – a GW Bush appointee who clerked for the late SCOTUS Justice Antonin Scalia...
I found only two joint stipulations where both the gov & petitioners' counsel agreed that all belongings had been returned.
I reviewed all 28 filings ahead before the courthouse closed Monday evening. One man is still missing his wallet & shoes. DHS says it’s trying to track down another’s social security card. Also missing are driver’s licenses & work permits.
Judge Bryan’s show cause order is connected to 28 petitions of habeas corpus, which are civil suits that many detainees have filed to challenge their detentions. Minnesota’s federal court system is straining under the load of these. Four out-of-district judges are here to help manage the cases.
...for the Department of Homeland Security’s failure to return the belongings of detainees it arrested illegally and later released.
Minnesota U.S. Attorney Dan Rosen is in St. Paul federal court this morning along with his acting civil division chief David Fuller. Judge Jeffery Bryan ordered them to appear & explain why they shouldn’t be held in civil or criminal contempt... www.mprnews.org/story/2026/0...
Thanks! That's one number that's tricky to pin down. I've primarily been covering court cases, but I haven't heard anything there related to numbers.
Can I get this on a T-shirt?
🎙️ON AIR:
We're talking to journalists @nickmiroff.bsky.social and @msepic.bsky.social and San Francisco District Attorney Brooke Jenkins about what the fatal shooting of Renee Good might mean for the future of ICE.
❓What questions do you have about the president's immigration agenda?
📻 Listen:
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