A federal judge appointed by President Trump has found the Department of Homeland Security (DHS) in civil contempt for violating a court order related to the transportation of a detainee in January. In a ruling issued on Monday, Minnesota District Court Judge Eric C. Tostrud ordered the federal government to compensate the detainee, identified only as “Fernando T.,” for his return flight to Minnesota.
Tostrud noted that Fernando, a Mexican citizen, was released from the Texas detention facility in late January without his belongings. He expressed concerns that federal officials have not provided an explanation for withholding Fernando’s belongings at the time of his release.
On January 19, Fernando filed a habeas corpus petition seeking either his release from custody or a bond hearing. The following day, he submitted a request for a temporary restraining order to prevent his transfer while his petition was under review. In response, Tostrud issued an order prohibiting the federal government from moving the detainee. However, the federal government reported that they had transferred Fernando to a facility in El Paso, Texas, on January 22.
According to the ruling on Monday, Tostrud ordered DHS to ensure Fernando’s return to Minnesota by January 24. However, the federal government stated that the earliest they could return him was January 27, citing potential travel delays due to a major winter storm.
In a letter to the court included in the ruling, the federal government acknowledged that Fernando’s release in Texas did not comply with Judge Tostrud’s order. The lawyer for DHS said he was “deeply remorseful” for the situation and apologized for the violation.
Tostrud wrote in his order that the government’s letter “includes no legal argument, authority, or other response to Fernando’s request for compensatory sanctions.”
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Additionally, the federal judge slapped down the department’s explainer about Fernando’s canceled flight due to a winter snowstorm, writing, “these asserted justifications do not support an inability to comply with the January 20 Order.”
“Respondents acknowledge they violated that Order,” he continued. “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.”
The judge dismissed Fernando’s request for an evidentiary hearing, calling the procedure “unnecessary.” Unless the federal government requests a hearing, Tostrud stated the order will take effect on March 1, The Hill reported.
“He was transferred shortly after the judge’s ruling,” a DHS spokesperson told The Hill in a statement. “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.”
Meanwhile, Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin is set to leave the Trump administration this week. McLaughlin has been one of the administration’s most visible and vocal defenders of President Donald Trump’s immigration enforcement agenda, frequently responding to critics and defending high-profile enforcement actions, Conservative Brief reported.
DHS Secretary Kristi Noem confirmed the departure in a post on X, praising McLaughlin’s service.
“Tricia McLaughlin has served with exceptional dedication, tenacity, and professionalism as Assistant Secretary for Public Affairs at the Department of Homeland Security,” Noem wrote. “She has played an instrumental role in advancing our mission to secure the homeland and keep Americans safe. While we are sad to see her leave, we are grateful for her service and wish Tricia nothing but success.”
McLaughlin also announced her departure on X, expressing gratitude to President Trump and DHS leadership.
“I am enormously grateful to President Trump, Secretary Noem, and the American people for the honor and privilege to serve this great nation,” McLaughlin wrote. “I am immensely proud of the team we built and the historic accomplishments achieved by this Administration and the Department of Homeland Security.”
