The Justice Department considered criminally charging judges and lawyers who discussed having virtual court hearings to protect illegal immigrant defendants from Immigration and Customs Enforcement (ICE) officers.
Five sources told Reuters that FBI agents in Minneapolis launched a preliminary inquiry “into whether local judges and defense attorneys obstructed immigration enforcement by requesting virtual hearinggs, and the concept was also pitched to law enforcement officials in Minneapolis and Washington, D.C.”
It is not clear whether this inquiry is still in effect, but none of these officials have been charged.
The inquiry came after former Acting Deputy Attorney General Emil Bove ordered prosecutors to launch criminal investigations into “state and local actors” for hampering ICE’s operations back in January. President Donald Trump recently nominated Bove for an appellate judge position for the Third Circuit Court of Appeals.
Fox News published a report in March about leaked email exchanges between Minneapolis attorneys showing that they tried to use this method to subvert ICE’s operations.
Leaked emails to and from certain Minneapolis-area lawyers show attempts to actively thwart efforts from Immigration and Customs Enforcement (ICE) to apprehend illegal immigrant defendants in the sanctuary city.
The emails were sent on Feb. 6 on a private listserv, or email list, that goes out to several hundred members of the Minnesota Association of Criminal Defense Lawyers (MACDL), according to a member who spoke to Fox News Digital on the condition of anonymity.
The same day, progressive Minnesota Attorney General Keith Ellison issued a formal legal opinion that state law "prohibits state and local law enforcement agencies from holding someone based on an immigration detainer if the person would otherwise be released from custody," a press release from the AG’s office states.
"ICE at the PSF," one subject line states, possibly referring to the Public Safety Facility. "LRC just got word that plain clothes ICE officers have been spotted at the Hennepin County PSF today. Let’s do all we can to keep our clients safe in these difficult times," the corresponding email reads.
Several lawyers allegedly requested Zoom hearings for cases involving illegal immigrants so they would not have to show up in court. ICE has often taken to apprehending these individuals inside and outside courthouses, an issue that has been met with controversy.
It appears attorneys in California are also using this tactic to protect their clients from ICE.
Increase in @ICEGov detentions leading Bay Area immigrants to apply for virtual court hearings: "People are panicking ..so more and more people are doing this. I would say every week a couple dozen people." https://t.co/AgadtfpfaK
— Carla ‘Bluechecked’ Marinucci (@cmarinucci) July 15, 2025
In some cases, lawyers have used social media to teach illegal immigrants how to avoid having to attend court proceedings in person.
REMEMBER MY POST ABOUT HOW IT'S *LEGAL* FOR ICE TO PICK UP IMMIGRANTS WHO ARE CHECKING IN AT THE COURT?
— Anne P. Mitchell Esq (@annepmitchell) July 16, 2025
WELL HERE IS HOW IMMIGRANTS CAN *CHANGE* THEIR COURT CHECK-IN FROM IN-PERSON TO *ONLINE*!
This involves filing a Motion to Change Hearing Format with the Court and copied to… pic.twitter.com/pPl0I0idqE
Trump’s Justice Department has pursued criminal charges against at least two judges for shielding illegal immigrants from deportation. Milwaukee County Circuit Court Judge Hannah Dugan is facing charges for allegedly obstructing ICE agents by escorting Eduardo Flores-Ruiz out of the courthouse through a restricted exit to help him evade arrest.
However, prosecuting these judges and lawyers might not be as easy as going after someone like Dugan. Judicial immunity typically protects judges from being prosecuted for actions carried out in their official capacity. Still, this is uncharted legal waters, so it is not 100 percent clear how the cases might turn out should the Justice Department follow through with charging these individuals.
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