Minnesota Federal Judges Coordinate Emails and Templates Amid Surge of Immigration Habeas Cases
Minnesota federal judges handling a flood of immigration detention habeas petitions have been exchanging emails and using shared tools, sparking debate over possible ethical breaches.
Faced with a dramatic surge in habeas petitions challenging the detention of immigrants caught up in the Trump administration's Operation Metro Surge, Minnesota's federal judges established regular email exchanges, a spreadsheet managed by court clerks, and template orders to address recurring legal questions. Seven judges, including former chief Patrick Schiltz and current chief Eric Tostrud, discussed the practice publicly, with Schiltz warning it poses a grave threat to the rule of law and Tostrud asserting that each judge retained independent decision-making.
The Department of Homeland Security's general counsel accused the former chief judge of conspiring to thwart enforcement, and the Justice Department suggested judges who comment publicly should consider recusal. Legal expert Robert Luther III said judges often consult on procedural matters but cautioned that sharing substantive templates could be problematic. The coordination came as the court's docket swelled from 12 petitions in 2024 to 1,427 by August, forcing staff to work 16-hour days, seven days a week.
Why it matters
It tests the boundaries of judicial independence and collaboration in high-stakes immigration cases.
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