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Justice Department Files Misconduct Complaint Against Minnesota Federal Judges

The Justice Department filed a misconduct complaint against Minnesota federal judges who spoke to the New York Times about the government's immigration surge.

Published October 1, 2026 at 10:12 AM EDT

The short answer

The Justice Department filed a misconduct complaint against Minnesota federal judges who spoke to the New York Times about the government's immigration surge. The U.S. Department of Justice (DOJ) filed a judicial misconduct complaint on Wednesday, September 30, 2026, against all but one of the active federal district judges in Minnesota.

Justice Department Files Misconduct Complaint Against Minnesota Federal Judges

The Facts

Who
Attorney General Todd Blanche, Judge Patrick Schiltz, Judge John Tunheim, and the U.S. Department of Justice
What
Judicial misconduct complaint against federal judges in Minnesota
When
Wednesday, September 30, 2026
Where
Washington, D.C. and Minnesota
Why
The DOJ alleges judges violated ethics rules by speaking to the media about immigration enforcement matters.

The U.S. Department of Justice (DOJ) filed a judicial misconduct complaint on Wednesday, September 30, 2026, against all but one of the active federal district judges in Minnesota. Attorney General Todd Blanche announced the filing following a New York Times article in which judges discussed the federal government's immigration enforcement tactics during a surge in the state.

The complaint centers on a September 17, 2026, article titled "Trump's Minnesota Surge Threatened Democracy, Judge Warns." The piece detailed interviews with Judge Patrick Schiltz, Judge John Tunheim, and other members of the seven-person Minnesota federal bench who held active status last winter. During these interviews, judges addressed "Operation Metro Surge," a December 2025 campaign that deployed over 3,000 immigration authorities to Minnesota, leading to arrests and two deaths during clashes with protesters.

In the complaint filed with the U.S. Court of Appeals for the 8th Circuit, the DOJ alleged that Schiltz and Tunheim "flagrantly violated the Code of Judicial Conduct" by making "improper and unethical" comments. The DOJ characterized the comments as being about pending matters, while Schiltz defended his actions in a statement, asserting that he was acting within ethical guidelines by addressing "core judicial matters" like the rule of law. A spokesperson for the federal district court in Minnesota also stated that the judges' conduct was within established ethics rules.

The scale of the underlying conflict involved approximately 3,000 federal agents deployed during the winter of 2025-2026. During this period, Judge Schiltz identified 96 court orders in 74 different cases that he said Immigration and Customs Enforcement (ICE) had violated. For individuals currently in federal custody or those filing habeas petitions—which are legal filings used to challenge unlawful detention—this dispute could change which judge hears their case and how quickly those cases are processed if a mass recusal or a misconduct investigation occurs.

The complaint sets a precedent for how the executive branch monitors the public speech of federal judges. While the Judicial Conference issued guidance in February 2026 allowing judges to advocate for the rule of law, the DOJ argues these specific interviews crossed into partisan policy advocacy. The 8th Circuit Court of Appeals must now determine if an investigation is warranted. If the court finds misconduct, it could result in private or public censures for the judges involved. The court has not yet announced a date for its initial review of the filing.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. December 1, 2025

    Trump administration launches Operation Metro Surge in Minnesota

  2. January 26, 2026

    Judge Schiltz issues order stating the court's patience with ICE is at an end

  3. February 1, 2026

    Judicial Conference issues advisory opinion on judicial speech

  4. February 1, 2026

    Border czar Tom Homan announces end of Operation Metro Surge

  5. September 17, 2026

    New York Times publishes article featuring interviews with Minnesota judges

  6. September 30, 2026

    DOJ files judicial misconduct complaint with the 8th Circuit

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Justice Department Files Misconduct Complaint Against Minnesota Federal Judges?

The U.S. Department of Justice (DOJ) filed a judicial misconduct complaint on Wednesday, September 30, 2026, against all but one of the active federal district judges in Minnesota. Attorney General Todd Blanche announced the filing following a New York Times article in which judges discussed the federal government's immigration enforcement tactics during a surge in the state.

Who is involved?

Attorney General Todd Blanche, Judge Patrick Schiltz, Judge John Tunheim, and the U.S. Department of Justice

When did this happen?

Wednesday, September 30, 2026

Where did this happen?

Washington, D.C. and Minnesota

Why does this matter?

The DOJ alleges judges violated ethics rules by speaking to the media about immigration enforcement matters.