Federal judges are openly mocking DOJ in court — and ICE is why

Federal judges are losing patience with ICE — and the Justice Department lawyers defending the agency are taking the heat.

A 4th U.S. Circuit Court of Appeals judge delivered a pointed rebuke to a DOJ attorney this month, saying, “It’s very hard to win a case without evidence or legal argument.” Separately, a federal judge in Massachusetts ordered a DOJ lawyer to face an ethics review after ICE instructed him to withhold key information from the court.

Judges have begun tallying how many of their orders ICE has defied. The violations include detainees transferred mid-ruling, a brief filed after a deadline and struck from the docket — costing the government its defense — and a detainee released nine minutes past a judge’s deadline.

“Right now, ICE is the worst client an attorney can imagine,” said Lindsay Zimliki, a former DOJ immigration attorney now with Democracy Defenders Fund. “DOJ attorneys have been directed not to challenge ICE’s position. Instead, they are made to appear in court and answer for a rogue client.”

The Justice Department blamed “rogue judges” putting policy preferences above the law.

One DOJ lawyer told a judge she had handled 440 cases in 32 days.

Read more:

• ’Worst client’: ICE has become a major headache for the Justice Department

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