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Judge Orders DHS to Pay Migrant Detained by ICE
Trump-appointed judge finds DHS in contempt for violating court order to keep immigrant in Minnesota
Published on Feb. 25, 2026
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A judge appointed by President Donald Trump found the Department of Homeland Security (DHS) in contempt and ordered them to pay an immigrant detained by ICE $568.29 for airfare costs after the agency violated a court order by transferring him from Minnesota to Texas.
Why it matters
Immigration enforcement has been a key focus of the Trump administration, leading to increased scrutiny of DHS actions. This case highlights concerns about the treatment of immigrants in custody and the ability of the courts to hold federal agencies accountable.
The details
Judge Eric C. Tostrud of the U.S. Minnesota District Court, who was appointed by Trump in 2018, granted a motion seeking civil-contempt compensation filed by the immigrant, identified as 'Fernando T.' The judge found that DHS officials, including Secretary Krist Noem and Acting ICE Director Todd Lyons, violated a January 20 order by transferring Fernando to Texas despite knowing his movement was enjoined. Fernando was later released in El Paso without his belongings. The judge ordered DHS to pay Fernando $568.29 for the airfare costs he incurred to return to Minnesota.
- On January 19, Fernando filed a petition seeking release or a bond hearing after being arrested and detained in Minnesota.
- On January 20, the judge entered an order blocking DHS from moving Fernando out of Minnesota while his petition was pending.
- On January 22, the government said Fernando had been moved to Texas.
- On January 24, Fernando's petition was granted, and he was released the next day in El Paso.
- On January 23, the judge ordered DHS to identify Fernando's location and schedule his return to Minnesota by January 24.
The players
Judge Eric C. Tostrud
A U.S. District Court judge for the District of Minnesota, appointed by President Donald Trump in 2018.
Fernando T.
A citizen of Mexico who was detained by ICE in Minnesota and filed a petition seeking his release or a bond hearing.
Krist Noem
The Secretary of the Department of Homeland Security.
Todd Lyons
The Acting Director of U.S. Immigration and Customs Enforcement (ICE).
What they’re saying
“To the extent Respondents imply that a canceled flight, a winter snowstorm, or haste to comply with the Court's January 24, 2026 Order directing Fernando's release excuse their contempt, these asserted justifications do not support an inability to comply with the January 20 Order. Respondents acknowledge they violated that Order.”
— Judge Eric C. Tostrud, U.S. District Court Judge (Court Order)
What’s next
The judge gave the respondents until Saturday to request a hearing. If no motion is filed, the order will be effective on March 1.
The takeaway
This case highlights the challenges in holding federal immigration agencies accountable and the importance of the courts in protecting the rights of detained immigrants, even those facing deportation.
