Federal judge refuses to recuse himself from Minnesota DHS, ICE case

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A federal judge in Minnesota declined to step aside from an immigration-related case despite a conflict-of-interest challenge tied to his spouse’s legal work.

TheU.S.Department of Justiceplans to appeal the judge’s order, which called the government’s motion “improper, untimely, and lacking merit.”

Last week, the DOJ formally moved to disqualify U.S.District Judge Jeffrey Bryan, arguing his impartiality could reasonably be questioned because his wife serves asMinnesota’s solicitor generalunder Democrat Attorney General Keith Ellison and is leading a separate lawsuit against federal immigration enforcement actions at issue in Bryan’s courtroom.

In its filing, DOJ emphasized that federal law requires recusal when “a judge’s impartiality might reasonably be questioned,” noting the standard is meant to avoid even “the appearance of partiality” — noting that “public perceptions of partiality can undermine confidence in the courts.”

APPEALS COURT DISMISSES DOJ MISCONDUCT COMPLAINT AGAINST FEDERAL JUDGE

U.S.District Judge Jeffrey Bryan, seen during his 2023 confirmation hearing, declined to recuse himself from an immigration case in Minnesota.(Alex Wong/Getty Images;Senate Judiciary Comitteem)

The motion pointed to significant overlap between the habeas case before Bryan and the state’s lawsuit led by his spouse, both of which challenge the legality ofOperation Metro Surge, a large-scale federal immigration enforcement effort.

According to the filing, both cases allege that federal agents conducted “warrantless arrests,” engaged in “racial profiling,” and “terrorized, assaulted, and harassed” individuals.

DOJ stressed that the issue is not whether Bryan is personally biased, but whether a reasonable observer couldquestion his neutralitygiven the circumstances.

“The Court must consider whether the public might reasonably questionJudge Bryan’s impartiality,” U.S.Attorney Daniel Rosen’s filing concluded.

Minnesota Attorney General Keith Ellison is suing outgoing Department of Homeland Security Secretary Kristi Noem for Operation Metro Surge for unlawful and unconstitutional actions.(Saul Loeb/AFP;Victor J.Blue/Bloomberg)

The department also noted that Bryan “did not disclose his marriage relationship” to the parties, arguing that disclosure is a prerequisite for any waiver of potential conflicts under federal law.

READ THE ORDER ON MOTION FOR DISQUALIFICATION –appeal that decision, setting up a potential higher court review of the recusal standards and their application in politically charged immigration litigation.

Outgoing DHS Secretary Krisit Noem is one of those named in the lawsuit.(Graeme Sloan/Bloomberg via Getty Images)

The dispute comes amid broaderlegal battles over Operation Metro Surge, which plaintiffs claim involved unconstitutional enforcement tactics, while federal officials have defended it as a lawful exercise of immigration authority.

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� David Spunt contributed to this report.