Trump-Appointed Judge Holds DHS In Contempt Over Migrant Transfer

A federal judge appointed by President Donald J. Trump has ruled that the Department of Homeland Security committed civil contempt after transferring an immigration detainee in alleged violation of a court order earlier this year.

In a decision issued Monday, U.S. District Judge Eric C. Tostrud ordered DHS to reimburse a detainee identified as “Fernando T.” for airfare costs incurred in returning to Minnesota following his release in Texas.

Court Order and Transfer Dispute

According to the ruling, Fernando — a Mexican national — filed a habeas corpus petition on January 19 seeking either release from custody or a bond hearing. The next day, he requested a temporary restraining order to block any transfer while his petition was pending.

Judge Tostrud granted that request, issuing an order barring federal officials from moving him. Despite that directive, the government later reported that Fernando had been transferred on January 22 to a detention facility in El Paso, Texas.

Fernando was ultimately released in Texas without his personal belongings — a detail that drew scrutiny from the court. Tostrud noted that federal officials had not provided an explanation for withholding those belongings at the time of release.

In Monday’s order, the judge stated that DHS was required to ensure Fernando’s return to Minnesota by January 24. The government responded that the earliest feasible return date was January 27, citing major winter storm disruptions.

In a letter to the court included in the ruling, government attorneys acknowledged the transfer did not comply with the January 20 order. Counsel for DHS expressed that he was “deeply remorseful” and apologized for the violation.

Judge Tostrud, however, wrote that the government’s submission “includes no legal argument, authority, or other response to Fernando’s request for compensatory sanctions.”

He also rejected the weather-related explanation, writing that “these asserted justifications do not support an inability to comply with the January 20 Order.”

“Respondents acknowledge they violated that Order,” he continued. “Accordingly, I find that Respondents’ conduct constitutes civil contempt, and Respondents (as defined herein) are jointly and severally liable for compensatory civil contempt sanctions for airfare costs Fernando incurred because of the violation.”

Tostrud dismissed Fernando’s request for an evidentiary hearing, calling such a proceeding “unnecessary.” Unless the government seeks further review, the sanctions order will take effect March 1, according to reporting from The Hill.

DHS Responds

A DHS spokesperson told The Hill that the transfer occurred before Immigration and Customs Enforcement officers were made aware of the judge’s order.

“He was transferred shortly after the judge’s ruling,” the spokesperson said. “ICE officers had not yet been informed of the ruling and proceeded with the scheduled flight to a detention center. We work as quickly as possible to process illegal aliens after their arrests.”

The ruling comes amid continued scrutiny of the Trump administration’s aggressive immigration enforcement policies during the president’s second term. Administration officials have consistently maintained that enforcement actions are carried out under existing federal law and are essential to restoring border security and public safety.

Leadership Transition at DHS

Separately, DHS Assistant Secretary for Public Affairs Tricia McLaughlin is set to depart the administration this week. McLaughlin has been a high-profile defender of President Trump’s immigration agenda, regularly responding to critics and defending enforcement operations.

DHS Secretary Kristi Noem confirmed the departure in a post on X.

“Tricia McLaughlin has served with exceptional dedication, tenacity, and professionalism as Assistant Secretary for Public Affairs at the Department of Homeland Security,” Noem wrote. “She has played an instrumental role in advancing our mission to secure the homeland and keep Americans safe. While we are sad to see her leave, we are grateful for her service and wish Tricia nothing but success.”

McLaughlin also reflected on her tenure, writing:

“I am enormously grateful to President Trump, Secretary Noem, and the American people for the honor and privilege to serve this great nation,” McLaughlin wrote. “I am immensely proud of the team we built and the historic accomplishments achieved by this Administration and the Department of Homeland Security.”

Legal Setback, Broader Battle Continues

While the contempt ruling represents a legal setback in a specific case, the broader immigration debate remains front and center in Washington. President Trump has continued to prioritize border enforcement and expedited removals as part of his administration’s push to reassert national sovereignty.

For supporters, the incident underscores the logistical and legal complexities of managing a high-volume immigration system amid ongoing litigation. For critics, it serves as a flashpoint in the continuing clash between federal courts and executive authority.

The larger policy fight over immigration enforcement — and the balance between judicial oversight and executive power — is far from over.