DOJ seeks recusal of two Minnesota judges over immigration case comments

The U.S. Department of Justice has filed motions seeking the recusal of two Minnesota federal judges from immigration-related cases, citing their public comments on the Trump administration's enforcement policies. U.S. District Judges Patrick Schiltz and John Tunheim participated in a September 17, 2026, New York Times article in which they criticized aspects of Operation Metro Surge, the administration's immigration enforcement operation.

Schiltz, who oversaw a 90-minute interview with the Times, stated that the administration's handling of the operation created a "grave threat to the rule of law" and drew comparisons to authoritarian regimes. Tunheim told the newspaper that immigration agents were not "arresting, in my view, people who were dangerous criminals on the street." Schiltz also made similar public remarks at a University of St. Thomas School of Law symposium two days after the DOJ filed related ethics complaints.

The DOJ argues that the judges' participation in the Times article and subsequent public comments raise questions about their impartiality in two cases: Schiltz's handling of a citizenship revocation case against Salah Osman Ahmed, a Somali-born man convicted of terrorism-related charges in 2009, and Tunheim's presiding over the prosecution of Hester Sophia Weihmann, a South African national accused of illegally voting in the 2024 election. Associate U.S. Attorney General Stanley Woodard Jr. characterizes the Times article as a "partisan critique" of immigration enforcement operations.

The judges and their court have defended their conduct, citing a February 2026 advisory opinion from the Committee on Codes of Conduct stating that federal judges may "speak and write on core judiciary matters such as advocacy for the rule of law and judicial independence." Minnesota's U.S. District Court stated in a prior response that judges were "acting well within the ethical rules" applicable to federal judges. Judge Schiltz told MPR News in September that he was exercising rights granted under judicial ethics guidelines.

Schiltz and Tunheim will initially decide whether to recuse themselves from their respective cases. If they decline, the DOJ can request that other district judges rule on the motions. The broader context includes a September DOJ judicial misconduct complaint filed against Schiltz, Tunheim, and five other Minnesota federal judges who participated in the Times article, with the DOJ asking the Eighth Circuit Court of Appeals to investigate alleged violations of judicial ethics rules.