Minnesota Federal Judges' Coordination During 2025-2026 ICE Surge Sparks Accusations of Bias and Institutional Pushback

A September 17, 2026, New York Times article featuring rare interviews with seven Minnesota federal district judges detailed the intense litigation surge stemming from the Trump administration's Operation Metro Surge immigration enforcement operation in the Twin Cities from December 2025 through mid-February 2026. U.S. District Judge Patrick Schiltz, a George W. Bush appointee and former Scalia clerk, described the administration's handling of cases as creating 'a grave threat to the rule of law,' citing ICE's alleged violation of nearly 100 court orders in January 2026 alone across dozens of habeas petitions.

DHS General Counsel James Percival responded on X, accusing Schiltz of 'profound bias' and 'essentially conspiring with his judicial colleagues to thwart DHS's immigration enforcement,' pointing to judges being 'ready to issue emergency orders' to retain jurisdiction. The NYT report and subsequent coverage in outlets like Fox News highlighted behind-the-scenes judicial coordination, including regular meetings, email threads, and templates for rapid orders amid over 1,400 habeas filings.

Schiltz maintained that most noncompliance stemmed from understaffing and incompetence rather than defiance, while other judges, including Trump appointee Nancy Brasel and Eric Tostrud, defended judicial independence. Percival has previously launched public critiques of judges via a 'Worst of the Worst' series on X, drawing ethics complaints from former judges. Mainstream reporting from Politico, AP News, and others confirms the scale of tensions, including Schiltz's orders demanding explanations from ICE leadership. Critics argue the coordination undermined enforcement; supporters frame it as necessary checks on executive overreach amid protests and operational challenges.