DOJ Seeks Recusal of Minnesota Judges Over Anti-ICE Remarks
Justice Department moves to disqualify two Minnesota judges over critical remarks on ICE operations.
2 min read
The U.S. Department of Justice has moved to disqualify two Minnesota federal judges from immigration-related cases due to their public criticism of Immigration and Customs Enforcement (ICE). The motion targets Judges John Tunheim and Patrick Schlitz, who made remarks to The New York Times about ICE’s Operation Metro Surge, which the administration has used to target undocumented immigrants.
In September, Judge Schlitz described Operation Metro Surge as having created a “grave threat to the rule of law,” while Judge Tunheim suggested that ICE agents were not primarily targeting dangerous criminals. The DOJ argues that these statements call into question the judges’ impartiality in cases involving immigration enforcement.
“Impartiality is imperative to ensuring public trust in our Nation’s judiciary,” the DOJ stated. “A judge who has publicly taken a political side on the issue of enforcing our Nation’s immigration laws cannot then preside over a case concerning one of the Justice Department’s key immigration enforcement initiatives.”
The DOJ filed separate motions asking both judges to recuse themselves from their respective cases. Judge Schlitz is overseeing the Justice Department’s effort to strip U.S. citizenship from Salah Osman Ahmed, a Somali-born man who pleaded guilty to providing material support to terrorists. Judge Tunheim is presiding over the prosecution of a South African national accused of falsely claiming U.S. citizenship and illegally voting in the 2024 election.
Impartiality is imperative to ensuring public trust in our Nation’s judiciary. Judge Schiltz’s and Judge Tunheim’s on-the-record participation in a recent highly partisan New York Times Article, along with Judge Schiltz’s subsequent public comments, unquestionably calls into doubt whether they can be impartial in these cases. A judge who has publicly taken a political side on the issue of enforcing our Nation’s immigration laws cannot then preside over a case concerning one of the Justice Department’s key immigration enforcement initiatives.
The recusal demand follows reporting by Fox News Digital on unusual coordination among Minnesota’s federal bench as they faced a surge in immigration cases. The report highlighted that seven Minnesota judges, including Schlitz and Tunheim, spoke with The New York Times in September about Operation Metro Surge. Schlitz described the operation as having created a “grave threat to the rule of law,” while Tunheim questioned whether ICE agents were targeting dangerous criminals.
DOJ had already raised the possibility that judges who discussed the administration’s immigration cases might need to step aside when the Times report was released. Last month, the DOJ filed a judicial misconduct complaint against Schlitz, Tunheim, and other Minnesota judges who participated in the report, accusing them of violating judicial ethics rules and requesting an investigation by the Eighth Circuit.
Attorney General Todd Blanche stated that the judges’ actions had “undermined public confidence in an impartial judiciary in Minnesota.”
Source: The Gateway Pundit
