Judge retreats from contempt threat against immigration chief

A federal judge in a northern region has reportedly stepped back from his threat to hold the acting director of the country’s immigration enforcement agency in contempt for allegedly violating court orders.

Chief District Judge Patrick Schiltz canceled a hearing that was set for Friday afternoon, according to court documents. The purpose of the hearing was reportedly for the immigration official to explain the agency’s tactics amid the current administration’s immigration enforcement campaign.

The hearing was initially scheduled after the immigration agency failed to comply with an order regarding Juan Hugo Tobay Robles, observers noted. The agency was required by a January 14 court order to hold a bond hearing for Tobay Robles or release him from detention within seven days. Schiltz alleged that the agency neither held the hearing nor released Tobay Robles, sparking the threat of contempt.

However, Graham Ojala-Barbour, an attorney for Tobay Robles, told media outlets on Wednesday that his client has since been released from detention in a southern region.

Schiltz made it clear in an order following Tobay Robles’ release that the court still had concerns about the immigration agency’s actions beyond the case that sparked the now-canceled Friday hearing. He said that the agency had violated 96 orders in 74 cases since January 1, according to court records.

“That does not end the Court’s concerns, however… The extent of [the agency’s] noncompliance is almost certainly substantially understated,” Schiltz reportedly stated. “This list should give pause to anyone — no matter his or her political beliefs — who cares about the rule of law. [The immigration agency] has likely violated more court orders in January than some federal agencies have violated in their entire existence.”

The judge also stated that the cancellation of Friday’s hearing did not mean that the immigration agency was in the clear and warned that the director or other government officials could be compelled to appear in court, sources familiar with the matter said.

Schiltz noted that while Tobay Robles requested that the court hold a hearing where he could present evidence of his suffering since the agency’s alleged failure to comply with the January 14 order, the court would not schedule one at this time.

“If Juan wants to seek monetary sanctions, he may file a properly supported motion to that effect,” Schiltz added.

The immigration agency and the Department of Homeland Security did not immediately respond to requests for comment, according to reports.