Judge holds DHS officials in contempt, orders compensation to Mexican national released in winter storm

A federal judge in Minnesota ruled on Monday to hold government officials in civil contempt for violating a judicial order that prohibited the U.S. Department of Homeland Security (DHS) from transferring detainee Fernando Gutierrez Torres, a Mexican national.

U.S. District Judge Eric Tostrud, who was appointed by President Donald Trump in 2018, found that despite an earlier order prohibiting Torres’ transfer out of Minnesota, Immigration and Customs Enforcement (ICE) moved him to Texas without notifying his attorney.

A judge granted Torres’ habeas petition and ordered ICE to release him from custody “as soon as practicable, but not later than 48 hours” after the order was entered, according to court documents.

Filings state a major winter storm in Texas led to a state of emergency declaration, and Torres’ ICE-scheduled flight was canceled.

The agency realized the earliest they could reschedule his return to Minnesota was Jan. 27, which would be past the 48-hour release deadline mandated by the court. 

In a rush to comply with that 48-hour deadline, the agency decided to release him immediately in El Paso, Texas, rather than waiting to fly him back to Minnesota.

His belongings were allegedly withheld when he was freed, according to court documents.

JUDGE THREATENS CONTEMPT FOR ICE LEADER, ORDERS HIM TO APPEAR IN COURT

Tostrud ruled the haste to meet the deadline did not excuse the agency’s contempt because ICE should not have violated the original court order by transferring Torres to Texas in the first place, and ordered the government to pay for Torres’ nearly $570 flight home, which was initially covered by his attorney.

The government claimed the decision to transfer Torres was not made in “willful disregard for [sic] the Court’s order.”

“It is undisputable the Agency needed to consult with the undersigned counsel before making the decision to release Petitioner in Texas,” attorneys wrote. “That did not happen. Respondent acknowledges [his] release in Texas was not in compliance with the expectations and Order of this Court.”

FEDERAL JUDGE BACKS AWAY FROM THREAT TO HOLD ICE LEADER IN CONTEMPT

Government lawyers added they are “deeply remorseful” and offered their “sincere apologies for the situation.”

Tostrud gave the administration an opportunity to file a motion for an evidentiary hearing before March 1, after which the judgment will go into effect.

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In addition, the government can identify the specific person or entity that violated the order.

Court documents did not note what led to Torres’ initial arrest, with the administration citing “alleged immigration-law violations.”

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