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ICE Wins Appeal on Protest Limits in Minnesota as Federal Judge Orders Agency Chief to Court

The moves signal intensifying judicial oversight of the Minnesota enforcement surge.

Overview

  • The 8th U.S. Circuit Court of Appeals issued an indefinite stay of a Jan. 16 order that had restricted arrests, pepper spray, and certain vehicle stops at ICE-related protests, calling the injunction overly broad, impermissibly vague, and akin to a universal order.
  • U.S. District Judge Katherine Menendez is still considering Minnesota’s separate request for a temporary restraining order to curb the broader federal deployment known as Operation Metro Surge.
  • Chief Judge Patrick J. Schiltz ordered acting ICE Director Todd Lyons to appear in person Friday to explain missed deadlines for court-ordered bond hearings, warning of possible contempt and noting the hearing could be canceled if the detainee is released.
  • Court filings identify the detainee as Juan Hugo Tobay Robles, who lacked a hearing by Jan. 23; his attorney later said the Justice Department informed him that Robles was released in Texas.
  • ICE blasted Schiltz’s action as political, while Minnesota judges described courts inundated by hundreds of habeas petitions following large-scale detentions and two fatal shootings linked to federal operations in Minneapolis.