Trump-Appointed Judge Finds DHS in Contempt for Transferring Detainee and Dumping Him in Texas Without His Belongings

AP Photo/Eric Gay

A federal judge has found President Donald Trump’s administration in civil contempt for transferring a detainee to El Paso, Texas in direct violation of his order and dumping him without any of his belongings — even going so far as to order the government to reimburse the man for his plane ticket home.

The tactics used during the Trump administration’s immigration crackdown have been loudly criticized and sparked nationwide protests and multiple court challenges, especially after two fatal shootings of U.S. citizens in Minneapolis: Renee Good on Jan. 7 by ICE agent Jonathan Ross, and Alex Pretti on Jan. 24 by Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raymundo Gutierrez.

Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin announced last week she was resigning, and numerous congressional Democrats have called for DHS Secretary Kristi Noem to step down or be impeached. Recent polling shows public opinion souring on the Trump administration’s immigration policies, even among Republicans.

Monday’s ruling was the latest in a long list of defeats and setbacks for the Trump administration, as judges are growing increasingly weary of the government’s excuses for missed deadlines and violated orders.

Judge Eric Tostrud with the U.S. District Court for the District of Minnesota is a Trump appointee who clerked for Judge George MacKinnon of the U.S. Court of Appeals for the District of Columbia Circuit, a staunch conservative who was described as “so far right he makes [Barry] Goldwater look like George McGovern.” Tostrud was recommended for the federal bench by a Republican congressman and spoke at a Federalist Society event as recently as 2021.

In a matter-of-fact eight-page opinion Monday, Tostrud described how “Fernando T.,” a Mexican citizen, had filed a habeas corpus petition on Jan. 19 seeking either his release or a bond hearing, along with a motion for a temporary restraining order on Jan. 20 to prevent him from being transferred out of the district while his petition was being heard.

Tostrud entered an order late morning on Jan. 20 prohibiting the government from taking Fernando out of Minnesota and setting forth an expedited briefing schedule.

Two days later, the Trump administration filed a response admitting they had already moved Fernando to Texas. The judge ordered a status report “identifying Fernando’s present location and the schedule for his return to the District of Minnesota,” and the feds replied in a letter to the court that ICE confirmed Fernando “is presently at El Paso, Texas” and “is scheduled to be back in Minnesota tomorrow, 24 January 2026.”

The judge granted Fernando’s petition and ordered him to be released “from custody as soon as practicable, but not later than 48 hours after entry of this Order.”

Instead, on Jan. 25, “Fernando was released in El Paso, Texas, without his belongings,” wrote Tostrud. “Respondents have not explained why they withheld Fernando’s belongings when they released him.”

Fernando’s lawyer paid for a $568.29 plane ticket for him to return to Minnesota.

The Trump administration admitted in its response that releasing Fernando in Texas “was not in compliance with the
expectations and Order of this Court,” with the government attorney adding that he was “deeply remorseful and offers his sincere apologies for the situation.”

Intriguingly, Tostrud essentially invites the Trump administration to tattle on each other (Noem as DHS Secretary, Todd Lyons as Acting Director of ICE, and several other federal immigration officials and local law enforcement are named as defendants) in a footnote contained in the order, writing”

We do not know which of the Respondents was directly responsible for the January 20, 2026 Order’s violation. If Respondents wish to obtain an amended order that identifies which specific person or entity is directly responsible, Respondents should file a motion identifying the responsible Respondent and requesting this Order’s amendment.

The judge found the defendants in civil contempt and ordered the government to reimburse Fernando the cost of the $568.29 plane ticket by April 1. The Trump administration has until Feb. 28 to request an evidentiary hearing on this matter; if they chose not to, the order will be effective March 1.

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