DOJ Files Misconduct Complaint Against Minnesota Federal Judges Over Immigration Comments

The Justice Department filed a judicial misconduct complaint on Wednesday against seven federal judges in Minnesota, alleging they violated ethics rules by speaking to the New York Times about Operation Metro Surge, the Trump administration’s immigration crackdown. Attorney General Todd Blanche demanded the judges recuse themselves from all Department of Homeland Security cases. The complaint centers on a September 17 article in which judges, including Senior Judge Patrick Schiltz, criticized the government’s failure to comply with court orders.

What the complaint alleges

The DOJ filed the complaint with the 8th Circuit U.S. Court of Appeals on September 30, naming Senior Judge Patrick Schiltz, Senior Judge John Tunheim, and six anonymous judges. According to the Justice Department, the judges violated the Code of Judicial Conduct by making “improper and unethical” comments to the press about pending cases and immigration policy. Attorney General Todd Blanche said the judges’ conduct “undermined public confidence in an impartial judiciary in Minnesota” and accused them of seeking media attention rather than following the rule of law.

Why the judges spoke to the Times

The September 17 New York Times article titled “Trump’s Minnesota Surge Threatened Democracy, Judge Warns” featured Schiltz in a 90-minute interview. He stated that ICE violations of court orders “created a grave threat to the rule of law.” Judge Tunheim told the Times that detainees in their cases “seemed to be ordinary people with homes and jobs” and were not the “worst of the worst” as DHS claimed. Six of the seven active judges in Minnesota’s federal district spoke to the newspaper about the strain Operation Metro Surge placed on the courts.

The DOJ’s demand and the judges’ defense

Blanche called on the 8th Circuit to force all seven judges to recuse from DHS-related cases, both criminal and civil. A spokesperson for Minnesota’s U.S. District Court said the judges acted within judicial ethics guidelines issued in February that emphasized judges’ ability to speak on “core judiciary matters such as advocacy for the rule of law and judicial independence.” The ACLU-Minnesota stated the judges provided “non-partisan, non-political insight” about democracy and the judiciary’s independence during Operation Metro Surge.

Schiltz’s January order and the broader conflict

In January 2026, Schiltz issued an order demanding that ICE stop violating court orders in immigration cases, stating the agency “is not a law unto itself.” Schiltz served as chief judge until July 1, 2026, and was succeeded by Tunheim in that role in 2022. The complaint escalates tensions between the Trump administration and the federal judiciary, which has halted administration priorities and dismissed high-profile prosecutions. On the same day, the DOJ announced indictments against 10 noncitizens for allegedly casting votes unlawfully in prior elections.

Final Thoughts

The complaint signals an escalation in the Trump administration’s conflict with the federal judiciary over immigration enforcement. However, legal experts note the bar for disqualifying judges is high, and previous DOJ efforts to challenge judges have failed. The 8th Circuit will decide whether to investigate or dismiss the complaint.

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