Trump-appointed judge finds DHS in contempt over detainee transfer

Federal judge orders DHS to compensate detainee for return flight after violating court order

Published on Feb. 25, 2026

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A federal judge appointed by President Trump held the Department of Homeland Security (DHS) in civil contempt for violating the court's order when they transported a detainee to a Texas facility in January. The judge ordered DHS to compensate the detainee, identified as 'Fernando T.', for his return flight to Minnesota after the federal government acknowledged they did not comply with the judge's initial order.

Why it matters

This case highlights ongoing tensions between the federal government and the judiciary over immigration enforcement policies, with the judge finding DHS in contempt for failing to follow a court order regarding the transfer of a detainee. It raises questions about the ability of the courts to hold government agencies accountable and the challenges in balancing national security priorities with individual civil liberties.

The details

According to the court ruling, Fernando T., a Mexican citizen, filed a Habeas Corpus petition on January 19 seeking release or a bond hearing. The next day, he filed for a temporary restraining order to prevent his transfer while the petition was being heard. The judge issued an order forbidding the federal government from moving the detainee, but DHS said they had already transferred Fernando to a facility in El Paso, Texas on January 22. The judge then ordered DHS to ensure Fernando's return to Minnesota by January 24, but the government said the earliest they could return him was January 27 due to a winter storm. In a letter to the court, DHS acknowledged the 'release in Texas was not in compliance' with the judge's order and expressed 'deep remorse' over the violation.

  • On January 19, Fernando T. filed a Habeas Corpus petition.
  • On January 20, Fernando T. filed for a temporary restraining order to prevent his transfer.
  • On January 22, DHS transferred Fernando T. to a facility in El Paso, Texas.
  • On January 24, the judge ordered DHS to ensure Fernando T.'s return to Minnesota.
  • On March 1, the judge's order will go into effect, barring the federal government's request for a hearing.

The players

Eric C. Tostrud

A Minnesota District Court judge appointed by President Trump.

Fernando T.

A Mexican citizen who was detained by DHS and filed a Habeas Corpus petition seeking release or a bond hearing.

Department of Homeland Security (DHS)

The federal agency that was held in civil contempt by the judge for violating the court's order regarding the transfer of the detainee.

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What they’re saying

“Respondents acknowledge they violated that Order. 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.”

— Judge Eric C. Tostrud, Minnesota District Court Judge

“He was transferred shortly after the judge's ruling. 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.”

— DHS Spokesperson (The Hill)

What’s next

The judge's order will go into effect on March 1, barring the federal government's request for a hearing.

The takeaway

This case highlights the ongoing tensions between the federal government and the judiciary over immigration enforcement policies, with the judge finding DHS in contempt for failing to follow a court order. It raises questions about the ability of the courts to hold government agencies accountable and the challenges in balancing national security priorities with individual civil liberties.