Immigration and Customs Enforcement (ICE) has been breaking a lot of ground in its attempt to deport noncitizens. For example, a now-common practice is for ICE agents to appear at criminal defense hearings for noncitizens, sometimes in plainclothes, to arrest defendants. This practice had never been used before since it discourages attendance at court hearings.
Minnesota courts are no exception. Understandably, Minnesota attorneys with noncitizen clients grew a bit cautious. They started discussing requesting remote hearings when it made sense to do so. Fox News reported on a chat discussion among Minnesota defense attorneys in March. In the email chain, lawyers discuss doing "all we can to keep our clients safe in these difficult times."
This level of devotion to their clients was not well-received by the federal government. According to a recent Reuters exclusive, the Department of Justice's leadership strongly disagreed with this adaptation.
DOJ Explored - or Is Exploring - Arresting More Lawyers and Judges
According to Justice Department officials who spoke to Reuters, the FBI opened an investigation into whether these attorneys who requested remote hearings in Minnesota could be arrested.
The investigation began in February 2025. Connecting the dots, it seems like an effort that began after Acting Deputy Attorney General Emil Bove issued a memo on January 21 asking prosecutors to pursue "state and local actors" who were making it harder to deport noncitizens.
While no arrests have been made, it isn't clear if the investigation is ongoing. In March, Judge Hannah Dugan was arrested for allowing a defendant to leave via a non-public door of the courthouse. She was charged with helping the defendant evade arrest. That case is currently ongoing.
ICE Arresting Noncitizens Earlier in the Immigration Process
While no arrests of Minnesota judges or criminal defense attorneys have occurred, ICE has modified its approach in response to the increase in remote hearings for immigration cases. Namely, they've started arresting noncitizens earlier in the process.
This approach involves the ICE Office of the Principal Legal Advisor (OPLA) and ICE Enforcement and Removal Operations (ERO).
It goes like this:
- OPLA moves to dismiss INA § 240 removal proceedings orally during master calendar hearings (a procedural hearing)
- The immigration judge grants the motion
- ERO immediately takes the noncitizen(s) into custody and issues expedited removal orders
Naturally, immigration lawyers may be inclined to seek remote hearings for such matters. While legal, it is not clear if doing so could lead to an arrest for the attorney or judge if the request is granted.
Bove Headed to Third Circuit?
Meanwhile, Emil Bove, who tasked the DOJ and FBI with pursuing criminal charges against judges and attorneys, has been nominated to the Third Circuit Court of Appeals. The nomination is contentious, with Democrats on the Senate Judicial Committee walking out in protest on July 17 over a committee rules violation.
Related Resources
- SCOTUS Denies Florida Stay Against Injunction on Law Criminalizing Immigration (FindLaw's Federal Courts)
- ABA Sues to Defend Law Firms Affected By Trump's Executive Orders (FindLaw's Practice of Law)
- Immigration Lawyers Told to Self-Deport(FindLaw's Practice of Law)
