Kyle Cheney Profile picture
Jan 25 15 tweets 9 min read Read on X
Since July, I've tracked at least 2,300 cases in which federal judges have ruled ICE has illegally detained people without bond or due process.

This is one that stands out:
storage.courtlistener.com/recap/gov.usco…Image
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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…Image
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Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…Image
Another ruling just yesterday in Minnesota: A federal judge calls it "particularly craven" that ICE transfered "a nursing refugee mother" out of state. Ta Eh Doh Lah was admitted as a refugee from Myanmar in 2024, has no criminal history and a 5-month-old. storage.courtlistener.com/recap/gov.usco…Image
Yet another ruling from Friday, freeing a man detained by ICE in Minnesota who suffered severe head injuries during his arrest and has been hospitalized since. The man claims ICE has required him to be shackled in the hospital, against the wishes of drs. storage.courtlistener.com/recap/gov.usco…Image
Here's another Minnesota ruling that just came in tonight: A federal judge is threatening DHS with contempt for transfering a petitioner out of the state despite a court order enjoining the administration from doing so. courtlistener.com/docket/7218245…Image
ANOTHER ONE: Ruling tonight from Judge Gerrard in Minnesota ordering the immediate return and release of a pregnant woman, who was apprehended on her way to work, and her husband + two sons. storage.courtlistener.com/recap/gov.usco…Image
NOTE: The federal judges deciding bigger questions about ICE's conduct in MN have been inundated with these detention cases for months. They're the backdrop to everything unfolding now. Judge Tostrud has handled dozens. This ruling isn't in a vacuum:
FOR EXAMPLE: Here's yet another MN ruling from Friday: Judge Menendez concluded that ICE was illegally detaining an Ukrainian refugee, ordering his immediate release. She is the same judge who is handling questions about ICE's use of force. storage.courtlistener.com/recap/gov.usco…Image
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AND ANOTHER: Hours before he ordered the Trump administration to preserve evidence from the Pretti crime scene yesterday, Judge Tostrud ordered the release of a Honduran immigrant he said was illegally detained — and for which DOJ missed the deadline to respond. storage.courtlistener.com/recap/gov.usco…Image
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Here is a story from earlier this month that captured the broad national rebuke by the courts of the Trump administration's mandatory detention policy – just as the Minnesota cases were beginning to ramp up.

politico.com/news/2026/01/0…
UPDATE: The judges in MN are working Sunday. Judge Menendez — who issued last week's injunction against ICE's retaliatory use of pepper spray – just ordered the release of a Kenyan woman arrested while picking up seizure medication at CVS. storage.courtlistener.com/recap/gov.usco…Image
JUST IN from Judge Michael Davis (not to be confused with @mrddmia) scolding DOJ for suggesting judges in MN weren't giving serious consideration to ICE's position:

"Since November 2025, the courts of this District have thought of little else."

storage.courtlistener.com/recap/gov.usco…Image
@mrddmia Suffice it to say, it is unusual for judges to issue this many opinions on a Sunday. Judge Tostrud rules another ICE detention illegal here: storage.courtlistener.com/recap/gov.usco…Image
@mrddmia Judge DAVIS wasn't done -- in yet another Sunday order, he upbraids the administration for "an undeniable move...to defy court orders or at least to stretch the legal process to the breaking point in an attempt to deny noncitizens their due process rights
storage.courtlistener.com/recap/gov.usco…Image

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More from @kyledcheney

Jan 26
HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Read 16 tweets
Jan 15
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:

"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."

"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
Read 4 tweets
Jan 13
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.

Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
Read 6 tweets
Jan 11
BREAKING: A day after the Minneapolis shooting, Secretary Noem quietly signed a new policy barring congressional visits to ICE facilities without a week's advance notice.

s3.documentcloud.org/documents/2646…Image
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NEW: ICE's renewed block on unannounced congressional vists comes a month after a judge struck down a similar policy.

But the new version is tailored to sidestep that ruling by relying only on funds from the "One Big Beautiful Bill Act."

politico.com/news/2026/01/1…
Judge COBB's original ruling did concede that if DHS used only One Big Beautiful Bill Act funds to manage lawmaker visits, her ruling might change.

But the timing of Noem's new policy is notable: one day after Renee Good's death roiled the nation. politico.com/news/2026/01/1…Image
Read 5 tweets
Jan 6
JUST IN: DOJ says it has finished reviewing *less than 1%* of the Epstein Files for potential release.

Only 12,285 documents have been released while more than 2 million remain under review.

storage.courtlistener.com/recap/gov.usco…Image
MORE: DOJ says the batch of 1 million documents it recently unearthed appear to be largely duplicative "but nonetheless still need to undergo a process of processing and deduplication." storage.courtlistener.com/recap/gov.usco…Image
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NEW: DOJ says it's barely scratched the surface of the massive trove of Epstein Files, with millions of documents still being reviewed for release even with hundreds of lawyers working on it full-time.

Less than 1% of the files have come out so far.

politico.com/news/2026/01/0…
Read 4 tweets
Dec 31, 2025
BREAKING: The House Judiciary Committee has released Jack Smith's 255-page deposition transcript: judiciary.house.gov/sites/evo-subs…
Smith was barred from discussing any nonpublic parts of his classified documents probe by Judge Cannon's order prohibiting DOJ from divulging any nonpublic info about it. Image
DOJ opted against having a lawyer present for Smith's deposition. Image
Read 13 tweets

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