Trump Administration Faces Backlash Over Aggressive Immigrant Detention Tactics

Judges and civil rights lawyers accuse ICE of violating court orders and detaining immigrants without legal justification

Published on Mar. 9, 2026

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The Trump administration has been using a controversial new tactic to detain immigrants in Minneapolis, leading to the arrest of over 4,000 people since December. Many of those detained had pending applications for asylum or other legal status, and did not have criminal histories beyond minor offenses. Judges have repeatedly ruled that the administration's actions violate court orders, but government lawyers have struggled to comply, citing a lack of resources and power to enforce the rulings. The aggressive tactics have sparked outrage and lawsuits, with the administration defending its push to deport all undocumented immigrants.

Why it matters

This case highlights the Trump administration's aggressive and potentially unlawful tactics in its mass deportation campaign, which has led to the detention of thousands of immigrants, many of whom have legal status or are not criminals. The administration's actions have faced strong pushback from judges and civil rights groups, raising concerns about due process and the rule of law.

The details

According to court records, the Trump administration has been detaining immigrants under a reinterpretation of a 1996 law that allows for the indefinite detention of those in the country illegally, even when courts have ordered their release. Of the 66 cases reviewed, 52 involved immigrants with pending applications for asylum or another legal status, and most were not criminals. Some were even legal refugees. The administration has defended the policy as necessary to ensure immigrants show up for hearings, but judges have said the government has never used its detention power so broadly.

  • Operation Metro Surge began on December 1, 2025 and ran parallel to another operation targeting refugees suspected of fraud.
  • On January 9, 2026, Jose Avendano was detained by immigration officers while driving to work.
  • On January 14, 2026, Justice Department attorney Ana Voss admitted she was overwhelmed by the flood of emergency habeas petitions.
  • On February 3, 2026, Judge Jerry Blackwell summoned DOJ lawyers to explain why they kept violating judges' orders.
  • On February 26, 2026, Chief Judge Patrick J. Schiltz warned that ICE would face criminal contempt if it continued to violate court orders.

The players

Jose Avendano

A 62-year-old dishwasher from El Salvador who had a valid work permit and temporary protected status, but was detained by immigration officers while driving to work.

Judge Patrick J. Schiltz

The chief judge in Minnesota who has repeatedly ruled that the Trump administration violated court orders in its aggressive immigrant detention tactics.

Michael Tan

An American Civil Liberties Union attorney leading a nationwide class-action lawsuit on behalf of undocumented immigrants affected by the administration's mandatory detention policy.

Todd M. Lyons

The acting ICE director who issued the mandatory detention policy in July 2025.

Daniel N. Rosen

The U.S. Attorney who acknowledged errors in the chief judge's original list of cases, prompting a re-check of the list.

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What they’re saying

“We have the largest mandatory detention regime in the United States. We're literally talking about millions of people.”

— Michael Tan, ACLU attorney (The Washington Post)

“Even when the court issues an order ... it's just chaos. Nobody's listening to anybody.”

— Maria Miller, Attorney for Jose Avendano (The Washington Post)

“This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt. One way or another, ICE will comply with this Court's orders.”

— Judge Patrick J. Schiltz, Chief Judge in Minnesota (The Washington Post)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights the Trump administration's aggressive and potentially unlawful tactics in its mass deportation campaign, which have led to the detention of thousands of immigrants, many of whom have legal status or are not criminals. The administration's actions have faced strong pushback from judges and civil rights groups, raising concerns about due process and the rule of law.