Patrick Schiltz, Minnesota’s chief federal judge, on Monday ordered Todd Lyons, acting director of U.S. Immigration and Customs Enforcement, to appear in court in person on Friday, acknowledging that the order marked an “extraordinary step.”

The order stems from the case of a man who has been held in an immigration detention center since he was arrested earlier this month. Schiltz noted that on Jan. 14 the court told the Trump administration to provide the man with a bond hearing within seven days, noting that if they did not meet that deadline, the man would have to be released immediately. The judge said the administration did neither of those things and the man remains in custody as of Monday night.

“This is one of dozens of court orders that the defendants have failed to comply with.
comply in recent weeks,” Schiltz wrote in his brief order.

The judge noted that the court has been “extremely patient” with the administration, even though it launched its immigration enforcement operation in the state without taking any action for the hundreds of lawsuits that would inevitably arise as a result.

Schiltz, an appointee of former Republican President George W. Bush, condemned the administration for failing to live up to its promises to obey court orders and taking steps to do so.

“The patience of the Court has come to an end,” he warned. “Accordingly, the Court will order Todd Lyons, acting director of ICE, to appear personally before the Court and show cause why he should not be held in contempt of Court.”

“The Court recognizes that ordering the head of a federal agency to appear in person is an extraordinary step, but the scope of ICE’s violation of court orders is equally extraordinary, and lesser measures have been attempted and failed,” he added.

Todd Lyons, acting director of U.S. Immigration and Customs Enforcement, participates in a television interview outside the White House in November.
Todd Lyons, acting director of U.S. Immigration and Customs Enforcement, participates in a television interview outside the White House in November.

Brendan Smialowski/News via Getty Images

However, Schiltz made it clear that if the court is notified that the man has been released, Lyons will no longer have to appear in court and Friday’s hearing will be canceled.

This is not the first time Schiltz has criticized the administration. Last week, Schiltz criticized the Justice Department for the approach it took to bringing charges against former CNN anchor Don Lemon and four others in connection with an anti-ICE protest in St. Paul.

Schiltz refused to overturn a lower court’s ruling rejecting the Justice Department’s lawsuit, but the department chose to escalate the matter further, urging the Eighth Circuit Court of Appeals to order Schiltz to act. The court refused to do so.