In his order Wednesday, Federal Judge John Tunheim said President Donald Trump’s administration can continue to enforce immigration laws and verify the status of refugees, but it must do so without “arresting and detaining” them. According to the order, all refugees detained in Minnesota as part of a current residency review “shall be immediately released from custody.”
Trump’s administration has deployed thousands of federal workers to Minnesota. Most of them belong to the immigration agency ICE, which is commissioned by the government to track down, arrest and deport undocumented immigrants. ICE is supported by the border protection unit Customs and Border Protection (CBP).
In January, the relevant authorities also launched a program to re-examine the legal status of the approximately 5,600 refugees in Minnesota who have not yet received permanent residency.
Reference to legal rights
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“Refugees have a legal right to reside in the United States, a right to work, a right to a peaceful life,” said Tunheim, justifying his decree. Above all, those seeking protection “have a right not to be exposed to the fear of being arrested and detained without a warrant or reason in their homes, on the way to church or while shopping.”
Appeal not to give up “ideals”.
“At its best, America serves as a refuge for individual freedoms in a world too often marked by tyranny and cruelty,” the judge further argued. “We abandon this ideal when we subject our fellow human beings to fear and chaos.”
Many of the refugees now detained have already been subjected to “strict checks,” the judge added. These people were admitted into the country, followed the rules and are now waiting for their status to be converted into a permanent residence permit.
Stephen Miller, White House Deputy Chief of Staff and Homeland Security Advisor”/>
Criticism of “legal sabotage”
Trump’s ultra-right advisor Stephen Miller sharply criticized the judge’s order. “There is no end to the legal sabotage of democracy,” wrote the White House deputy chief of staff on X. Trump has made combating what he sees as excessive immigration one of his priorities.
He speaks of an “invasion” of “foreign criminals” in the United States. In the past, courts have often ruled against measures taken by the US government as part of its rigid crackdown on immigrants and refugees.
“ICE is not above the law”
In a separate order, another federal judge in Minnesota criticized ICE for failing to comply with court orders. “ICE is not above the law.” The agency “probably violated more court orders in January 2026 than some federal agencies in their entire existence,” the judge said, warning: “ICE is not above the law.”
New guidelines for ICE officers
Meanwhile, CNN reported newly surfaced internal guidelines that instruct ICE officers to avoid contact with “agitators” to avoid “inflaming the situation.” The US government uses this term for protesters. Officers should not communicate or interact with anyone except officers giving orders. The guidelines also state that officials are only allowed to take action against migrants if they already have a criminal record.
CNN said: The new guidelines would represent a significant change in operational approach after two fatal shootings of US citizens in Minnesota and White House Border Patrol Agent Tom Homan taking charge of the operation in the state.
Homan: Deduction under conditions
In a press conference on Wednesday, Homan said he would stay until the problem was resolved. The number of immigration enforcement agents in Minnesota will only be reduced after cooperation with state authorities, Homan said. The immigration control measures, which have so far been “not perfect”, should now be made more targeted, said the border commissioner.
“We’ve made some significant progress, significant coordination and collaboration, and you’re going to see tremendous change happening here in this city.” And: “We are by no means giving up on our mission, we are just doing it smarter,” he said. Homan said he understands protests, but only as long as they are peaceful.
Five-year-old still in custody
The detention of a five-year-old and his father by ICE is also causing further outrage. A Democratic congressman, Joaquin Castro, called for their immediate release during a visit to the two at the Dilley detention center in Texas on Wednesday.
The father told him that the boy was “depressed and sad”. “I’m worried about his mental health,” Castro said in a video on Rep. Castro said no five-year-old child should be in such detention. The child’s family came to the USA “legally” and applied for asylum.
