Judge Rules DOJ Violated Rights in False ICE Memo
A federal magistrate judge found the Justice Department violated a Minneapolis defense lawyer's rights by circulating a memo falsely accusing him of aiding an immigrant's evasion of arrest.
Updated on Nov. 14, 2026 in Criminal Justice
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Magistrate Judge David Schultz ruled that the Justice Department violated the rights of a Minneapolis federal defense lawyer by circulating an ICE memo that falsely accused him of helping an immigrant evade arrest. The U.S. Attorney's Office was ordered to notify all recipients in writing that the memo was sent in error.
Why it matters
The ruling finds the government spread a falsehood about a defense attorney without giving him a way to clear his name. Lawyers for the accused say the mishap will support a selective prosecution defense in a conspiracy case involving 15 Minnesotans.
The magistrate judge's order requires written notice to all recipients within one week, with the order attached. Federal officials are not actively investigating the defense lawyer, and prosecutors said the memo did not reflect the office's position.
The details
ICE Officer Michael O'Neal wrote a memo claiming the lawyer escorted an immigrant to a light rail station after a court hearing, but the lawyer was actually taking his client to the train station when a judge granted pretrial release and approved the client's return to California. The memo was included in discovery evidence sent to defense lawyers in the conspiracy case, and Judge Schultz called the claim 'reckless and false.'
Timeline
Last spring: ICE officer writes the memo falsely accusing the defense lawyer.
Last month: Judge Schultz presses a government lawyer during a fiery hearing over the mistake.
November 14, 2026: Schultz's order criticizing ICE, the Justice Department and the U.S. Attorney's Office is published.
One week after the order: Deadline for written notice to all memo recipients.
Legal Context
The ruling arrives as defendants in the 15-person conspiracy case use the memo mishap to argue selective prosecution. The judge's order sets a short, specific correction deadline for the government to address the error in writing.
The written correction deadline means recipients of the memo, including lawyers for the 15 accused Minnesotans, must receive formal notice that the document was sent in error. Defendants in the conspiracy case may see the mishap raised in future motions that affect how their prosecutions proceed.
The takeaway
Federal judges can order the government to correct false statements it circulates about defense counsel, and written notice requirements provide a concrete remedy. Readers following criminal cases should watch whether discovery errors become grounds for challenging prosecutions.
Further reading
Explore more Criminal Justice coverage from Minnesota.
Source note: This article includes information reported by The Daily Item.
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