September 30, 2026 · Constitutional Order & Rule of Law
· Official action
Confirmed
Justice Department Files Misconduct Complaint Against Six Minnesota Federal Judges
Attorney General Todd Blanche announced on September 30, 2026, that the Justice Department filed a judicial misconduct complaint against six of Minnesota's seven federal district judges. The complaint names Judge Patrick Schiltz and Judge John Tunheim after they and four colleagues gave interviews to The New York Times about the government's conduct during its "Operation Metro Surge" immigration enforcement campaign in the Twin Cities. DOJ called the judges' remarks "overly political" and "unethical" and asked the 8th Circuit to order Schiltz and Tunheim to recuse themselves from any case involving the Department of Homeland Security.
The filing escalates a running conflict between the administration and the federal judiciary over immigration enforcement. A Judicial Conference advisory opinion issued in February says judges may speak publicly about judicial independence and the rule of law, and Schiltz had separately found that ICE violated nearly 100 court orders during the Minnesota surge. DOJ had earlier filed a similar complaint against a Washington, D.C., judge that was dismissed for lack of evidence.
Schiltz and a court spokesperson said the judges acted within the ethics rules the Judicial Conference laid out. The 8th Circuit has not ruled on the complaint.
The filing escalates a running conflict between the administration and the federal judiciary over immigration enforcement. A Judicial Conference advisory opinion issued in February says judges may speak publicly about judicial independence and the rule of law, and Schiltz had separately found that ICE violated nearly 100 court orders during the Minnesota surge. DOJ had earlier filed a similar complaint against a Washington, D.C., judge that was dismissed for lack of evidence.
Schiltz and a court spokesperson said the judges acted within the ethics rules the Judicial Conference laid out. The 8th Circuit has not ruled on the complaint.
Sources
- Justice Department files judicial misconduct complaint against federal judges in Minnesota — CBS News, 2026-09-30
- Complaint of Judicial Misconduct — U.S. Department of Justice, 2026-09-30 Official record