DOJ Files Ethics Complaint Against Seven Minnesota Federal Judges Over Immigration Comments

The U.S. Justice Department filed a judicial misconduct complaint on Wednesday against seven federal judges in Minnesota, alleging they violated ethical standards by discussing the Trump administration's immigration enforcement surge in a September 2026 New York Times interview. Attorney General Todd Blanche announced the filing with the Eighth Circuit Court of Appeals, arguing that the judges' public remarks about Operation Metro Surge—a winter enforcement action that resulted in thousands of arrests in the Twin Cities—undermined public confidence in their impartiality and created the appearance of prejudgment on active litigation.

The complaint specifically names Judge Patrick Schiltz, a George W. Bush appointee who clerked for Supreme Court Justice Antonin Scalia, and Judge John Tunheim, a Bill Clinton appointee, along with unnamed district judges. Schiltz participated in a 90-minute interview with the Times and characterized the government's enforcement actions as creating "a grave threat to the rule of law." Tunheim disputed the administration's claim that it was arresting the "worst of the worst," stating that the arrested individuals were not dangerous criminals. The Justice Department characterized Schiltz and Tunheim's conduct as "particularly egregious" and accused them of "flagrantly violating" judicial ethics codes by commenting on matters pending before them or appeals courts.

The judges and their representatives disputed the complaint's characterization of their conduct. A Minnesota court spokesperson stated that legal experts confirmed the judges acted "well within the ethical rules that apply to federal judges." Schiltz noted in a statement that the Judicial Conference's Committee on Codes of Conduct issued an advisory opinion in February 2026 explicitly permitting federal judges to speak or write about judicial independence and the rule of law—conduct Schiltz said he was engaged in. The Judicial Conference's broader guidance indicated that ethics principles permit judges to advocate for the rule of law and defend judicial independence.

The complaint escalates an ongoing confrontation between the Justice Department and the federal judiciary over immigration enforcement. Earlier in January, Schiltz had accused U.S. Immigration and Customs Enforcement of failing to comply with nearly 100 court orders, ruling that ICE "is not a law unto itself." The Justice Department's complaint requested that the Eighth Circuit order Schiltz and Tunheim to recuse themselves from all Department of Homeland Security cases and launch an investigation into the judges' conduct. However, the decision on whether to accept these recommendations rests with the judiciary's internal misconduct review process, overseen by Chief Judge Steven Colloton of the Eighth Circuit. The judiciary maintains that its misconduct process cannot be used to automatically disqualify judges or overturn their legal rulings.