The US Justice Department has filed a judicial misconduct complaint against all but one of the federal district judges in Minnesota, accusing them of breaching ethical rules after several spoke publicly about the Trump administration’s immigration enforcement operation.
Attorney General Todd Blanche announced the complaint against judges serving on the US District Court for the District of Minnesota. It was filed with the US Court of Appeals for the Eighth Circuit.
The complaint names Judges Patrick Schiltz and John Tunheim, along with “anonymous district judges”. Six of Minnesota’s seven federal judges spoke to reporters about Operation Metro Surge, according to the article that prompted the Justice Department’s action.
“We have a right, just like every litigant in court, to have a judge that will be fair and impartial,” Mr Blanche said. “We have no choice but to act.”
The department described the conduct of Mr Schiltz and Mr Tunheim as “particularly egregious”, claiming they had “flagrantly violated the Code of Judicial Conduct with their improper and unethical comments”.
Mr Schiltz, who was appointed by President George W Bush and previously clerked for Supreme Court Justice Antonin Scalia, gave a 90-minute interview in which he discussed what he said were repeated violations of court orders by the Trump administration.
Mr Tunheim, appointed by President Bill Clinton, challenged the administration’s assertion that it was targeting the “worst of the worst” in Minnesota.
“They weren’t arresting, in my view, people who were dangerous criminals on the street,” he said.
The complaint, signed by Acting Deputy Attorney General Trent McCotter and Associate Attorney General Stanley Woodward, said Mr Schiltz’s remarks were “overly political” and concerned matters pending before him or an appeals court. It described Mr Tunheim’s comments as less extensive but “equally unethical”.
Mr McCotter and Mr Woodward accused the judges of exceeding their authority before mounting what they called a partisan press campaign against the government. They asked the Eighth Circuit to order Mr Schiltz and Mr Tunheim to recuse themselves from cases involving the Department of Homeland Security.
They also urged the appeals court to investigate other Minnesota judges for allegedly seeking publicity rather than concentrating on their judicial duties.
Minnesota judges reject misconduct allegations
Mr Schiltz rejected the complaint, saying legal-ethics experts had confirmed he was acting within the rules governing federal judges when he spoke to reporters.
“As legal-ethics experts have confirmed, I was acting well within the ethical rules that apply to federal judges in speaking to the New York Times,” he said. Referring to guidance issued by the Judicial Conference, he added: “That is exactly what I did.”
A spokesperson for the federal district court said the judges had acted within the capacity outlined by the Judicial Conference and were “well within” the ethics rules for the federal judiciary.
The Judicial Conference issued guidance in February stating that judges could speak about judicial independence and the rule of law. It also said there could be circumstances in which judges publicly defended colleagues against attacks that threatened judicial independence or the rule of law.
Operation Metro Surge began in December 2025, when more than 3,000 immigration authorities were deployed to Minnesota. The intensified enforcement campaign led to scores of petitions from migrants challenging their detention and seeking release.
In two orders, Mr Schiltz accused the administration of failing to respond to dozens of court orders. He identified 96 orders in 74 cases that he said Immigration and Customs Enforcement had violated.
“ICE is not a law unto itself,” he wrote in one order.
The complaint comes amid increasing tension between the Trump administration and federal judges, following a series of rulings against the government on issues including immigration. Mr Trump and senior officials have attacked judges on social media, describing them as “radical left judges” and “activists”.
The Justice Department has previously pursued misconduct complaints against judges elsewhere. A complaint against Washington chief judge James Boasberg was dismissed after the department failed to provide sufficient evidence, while Judge Ana Reyes was accused of “hostile and egregious misconduct” over comments made during a hearing concerning transgender people serving in the military.
