Trump-appointed judge finds ICE in contempt over detainee transfer

A federal judge in Minnesota has held the Trump administration in contempt for violating a court order by transferring a Mexican detainee out of state before his release. The ruling requires reimbursement for the man's return airfare after Immigration and Customs Enforcement released him in Texas, far from his home. The decision highlights ongoing legal challenges to immigration enforcement practices.

In late January 2026, Fernando Torres, a Mexican national detained in Minnesota, filed a habeas corpus petition arguing that Immigration and Customs Enforcement (ICE) had misclassified him. U.S. District Judge Eric C. Tostrud, a Trump appointee, granted the petition and ordered Torres's release as soon as practicable, rejecting the government's classification.

However, complications arose when ICE disregarded an earlier temporary restraining order. On January 20, 2026, Tostrud issued the order barring Torres's removal from Minnesota during the proceedings. ICE acknowledged it but transferred him to El Paso, Texas, on January 22, despite the prohibition.

Government attorneys admitted the violation two days later. On January 23, Tostrud required ICE to disclose Torres's location and return plans. Officials assured the court that Torres would be back in Minnesota by January 24, but instead, ICE released him in El Paso without his belongings—nearly 1,500 miles from his home.

Torres's counsel paid $568.29 for his airfare back to Minnesota. In an eight-page opinion issued on February 24, 2026, Tostrud found the administration in civil contempt, stating, "Respondents admit they violated the January 20 Order by transferring Fernando to El Paso, despite knowledge that his movement outside of this District was enjoined. Respondents provide no explanation for Fernando's transfer to El Paso despite the enjoinment."

The judge rejected excuses like a winter storm in Texas, noting they did not justify the initial violation. Tostrud ordered the respondents—jointly and severally liable—to compensate for the airfare and attorneys' fees. He added in a footnote that the government could seek to specify the responsible party if desired.

This case adds to precedents where district courts have blocked Trump administration efforts to reclassify immigrants for detention. Torres has since been released, but the contempt finding underscores accountability for court order violations in immigration proceedings.

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