A federal judge in Guam has rejected the Trump administration's effort to sanction an immigration attorney accused of filing meritless claims in a case that briefly delayed a deportation, marking a setback for a broader push to penalize lawyers challenging federal immigration actions.
U.S. District Court Judge Frances Tydingco-Gatewood ruled that attorney Joshua Schroeder's arguments, while unsuccessful, did not meet the threshold for disciplinary action.
"His legal argument failed, but he made a good-faith argument of what he contends the law should be, and this is not a sanctionable offense," the judge wrote according to Politico, adding that the claims were not "completely baseless" and reflected a "competent inquiry."
The Justice Department had sought "substantial" monetary penalties against Schroeder, arguing he made "knowing or reckless misrepresentations" in multiple courts while attempting to halt the deportation of his client, Vang Lor. The request was tied to an executive order published on March 22 targeting what the administration has described as "frivolous, unreasonable, and vexatious litigation" against the government.
Schroeder's filings temporarily disrupted Lor's removal, leading immigration officials to pull him from a flight in Guam, where he was detained for about two weeks before courts allowed the deportation to proceed. The judge acknowledged that Schroeder's concerns were not unfounded, noting that Laos has historically resisted accepting deportees, giving some basis to questions about the destination of the removal.
The ruling comes as the administration has taken a more aggressive posture toward both the immigration system and those who challenge it in court. A New York Times investigation publilshed in early April found that immigration judges have faced pressure to increase deportations, with more than 100 judges dismissed and asylum approval rates falling below 10 percent.
Several judges consulted by the news site described the environment as one in which they were "looking over our shoulders" amid concerns about potential disciplinary action.
At the same time, federal courts have been strained by a surge in immigration-related litigation. Earlier this year, habeas corpus filings from detainees peaked at more than 400 cases per day, according to a Politico analysis, prompting one Justice Department lawyer to tell a judge that "this job sucks" as attorneys struggled to keep up with the volume.
The Justice Department has already sought additional sanctions against Schroeder in a separate appeal, signaling that disputes over the boundaries of advocacy in immigration cases are likely to continue.
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