Trump Judge Threatens to Hold Government in Contempt Over ICE
“I have never encountered anything like this,” wrote a federal judge appointed by Donald Trump.

A Trump-appointed judge was so upset with the living conditions in which ICE detained an immigrant in Long Island, New York, that he threatened to hold the government in contempt.
U.S. District Judge Gary Brown, who was appointed by Trump in 2019, issued a 24-page ruling Thursday vehemently castigating the Department of Homeland Security for refusing to provide photos of a holding room that illegally held a noncitizen for multiple nights, calling it “putrid and cramped.”
“ICE held them, day after day, without access to bunks, bedding, soap, showers, toothbrushes or clean clothes,” Brown stated in his ruling. “The space is unheated or poorly heated at night, while the outside temperature dropped to as low as 21 degrees.... To the extent they could sleep, they did so, crammed on the filthy floor, while the lights blared 24 hours a day.
“After nearly 35 years of experience with federal law enforcement in this judicial district, encompassing service as a prosecutor and a judge, I have never encountered anything like this,” Brown wrote.
Erron Anthony Clarke, the noncitizen in question, filed a habeas corpus petition with the court after being detained by ICE on December 5. Clarke had entered the U.S. legally on an H-2B work visa in 2018, but ended up overstaying the visa before marrying a U.S. citizen in 2023. He applied for permanent residency this year, but was detained earlier this month and thrown into a small cell with eight other men.
The cell, located in the federal courthouse in Central Islip, New York, had an open toilet and was only “designed to briefly detain a single individual,” Brown wrote, noting that Clarke was held in the crowded cell long beyond ICE’s own internal standards allow. Brown ruled on December 11 that Clarke’s detention violated due process and ordered him released.
Clarke’s ordeal exposed something bigger in Brown’s eyes, particularly “ICE’s horrendous detention practices.”
“This case implicates something more,” Brown said. “There is evidence that the conditions of the detention are substandard, abhorrent and likely unlawful.”
But when Brown asked ICE and DHS for a timeline of Clarke’s location during his detention, and for photos of his holding cell, the government gave “evasive and demonstrably false” information on Clarke’s whereabouts and refused to hand over photographs. The timeline Brown received, for example, claimed that the government moved Clarke between facilities in eight minutes, despite them being separated by about a 35-minute drive.
“These misstatements of fact serve to undermine the information presented and the reliability of the records maintained by ICE,” Brown wrote in his ruling, giving the government until December 30 to argue against being held in contempt.
It’s telling that the White House is going so far in its extreme, and probably unlawful, immigration enforcement that even a judge Trump chose is ruling against the administration. The story of DHS, ICE, Border Patrol, and other federal agencies in Trump’s second term is that of moral bankruptcy, violating laws and basic human rights to enact a racist immigration policy.









