DOJ files misconduct complaint against Minnesota federal judges who criticized the immigration surge to the Times

Political Guyentist · October 1, 20261 min read

Filed with the 8th Circuit, it demands the judges (7 per NBC and PBS, 6 per CBS) recuse from every DHS case. Judge Patrick Schiltz, a Bush appointee who was chief judge until July 1, says his remarks met ethics rules.

What the judges said, and DOJ's replySchiltz told the Times last winter's Operation Metro Surge "created a grave threat to the rule of law"; in January he said the…3 details

Schiltz told the Times last winter's Operation Metro Surge "created a grave threat to the rule of law"; in January he said the government had ignored nearly 100 court orders.
Judge Tunheim: "They weren't arresting, in my view, people who were dangerous criminals on the street."
Blanche: "We have a right, just like every litigant in court, to have a judge that will be fair and impartial."

What we’re less sure of3 of 8 claims

Medium
The complaint targets 7 judges according to NBC and PBS, and 6 according to CBS.
The story attributes each count to its outlet. The sources themselves disagree: posts frame it as 'six of seven active judges' and 'all but one', and CBS names Schiltz, Tunheim and 'anonymous district judges'. The story correctly presents the discrepancy rather than resolving it.
Medium
The complaint demands that the judges recuse from every DHS case.
The story assigns this to the complaint itself. No curated summary confirms the 'every DHS case' scope. uscourts.gov FAQs also say this complaint process carries no automatic disqualification, so the demand's reach is not corroborated.
Low
Patrick Schiltz is Chief Judge and a Bush appointee.
This is the desk's own unattributed title, and the sources contradict it. Rep. Fischbach and Hoodline report that Eric Tostrud succeeded Schiltz as chief judge on July 1, 2026, so Schiltz is a former chief judge. The Bush appointment is well-known public record, but the 'Chief Judge' label appears o