'This job sucks,' overwhelmed DHS lawyer says in court hearing over ICE's response to judicial orders
An exasperated and frustrated Department of Homeland Security attorney declared in a stunning moment in court that her job "sucks," the existing legal process "sucks," and that she sometimes wishes that the judge would hold her in contempt so she "can have a full 24 hours of sleep."
Julie Le, who according to public records is a Department of Homeland Security attorney that had been detailed to the U.S. Attorney's office, was called to testify Tuesday in U.S. District Court in St. Paul, Minn., about why the government has been nonresponsive to judicial orders regarding people in ICE detention.
"What do you want me to do? The system sucks," Le told Judge Jerry Blackwell, according to a court transcript obtained by ABC News. "This job sucks. And I am trying [with] every breath that I have so that I can get you what you need."
A review of federal court records shows that Le had been assigned to 91 immigration cases over the past month -- 88 in Minnesota and three in Texas. Most of the cases are habeas petitions filed by immigrants detained by enforcement officials.
Blackwell said the administration has routinely not been following court mandates, ignoring multiple orders for detainees to be released that has resulted in their continued detainment for days or even weeks.
"The overwhelming majority of the hundreds [of individuals] seen by this court have been found to be lawfully present as of now in the country," said Blackwell. "In some instances, it is the continued detention of a person the Constitution does not permit the government to hold and who should have been left alone, that is, not arrested in the first place," according to the transcript.
Operation Metro Surge has "generated a volume of arrests and detentions that has taxed existing systems, staffing, and coordination between DOJ and the DHS," Blackwell acknowledged, but said that was no excuse for the government's lack of response to court orders.
"The volume of cases and matters is not a justification for diluting constitutional rights and it never can be" said Blackwell. "It heightens the need for care. Having what you feel are too many detainees, too many cases, too many deadlines, and not enough infrastructure to keep up with it all is not a defense to continued detention. If anything, it ought to be a warning sign."
Blackwell also questioned Le regarding why the Donald Trump administration should not be held in contempt for violating court orders.
"I am here as a bridge and a liaison between the one that [is] in jail, because if I walk out -- sometimes I wish you would just hold me in contempt, Your Honor, so that I can have a full 24 hours of sleep. I work day and night just because people are still in there," Le said.
Le also told the judge that she had previously submitted her resignation from her DHS post, "but they couldn't find a replacement. So I gave them a specific time ... to get it done. If they don't, then by all means, I'm going to walk out," she said.
An official confirmed to ABC News that Le is no longer detailed to the U.S. attorney's office. Le did not immediately respond to an ABC News request for comment.
In a statement to ABC News, DHS Assistant Secretary Tricia McLaughlin said Le was "a probationary attorney," adding "this conduct is unprofessional and unbecoming of an ICE attorney in abandoning her obligation to act with commitment, dedication, and zeal to the interests of the United States Government."
Le further told Blackwell in court that it was like "pulling teeth" to get a response from ICE regarding judicial orders.
Le said she "stupidly" volunteered for the assignment with DHS because they were "overwhelmed and they need help" and that she has only been in the job for a month.
"When I started with the job, I have to be honest, we have no guidance on what we need to do," Le told the court.
"You received no proper orientation or training on what you were supposed to do?" Blackwell asked.
"I have to say yes to that question," Le responded.
Blackwell also questioned Le about concerns he had regarding ICE detainees who were ordered released but that had already been moved to facilities in El Paso or New Mexico, and people who had been unlawfully detained but were told they had to wear an ankle monitor as a condition of their release, "which the court didn't order because the person was unlawfully detained in the first place."
"I share the same concern with you, your honor," Le responded. "I am not white, as you can see. And my family's at risk as any other people that might get picked up, too, so I share the same concern, and I took that concern to heart."
"Fixing a system, a broken system," Le said. "I don't have a magic button to do it. I don't have the power or the voice to do it."
Judge Blackwell began the hearing with a stern admonition that "a court order is not advisory, and it is not conditional," and "it is not something that any agency can treat as optional while it decides how or whether to comply with the court order."
"Detention without lawful authority is not just a technical defect, it is a constitutional injury that unfairly falls on the heads of those who have done nothing wrong to justify it. The individuals affected are people. The overwhelming majority of the hundreds seen by this court have been found to be lawfully present as of now in the country. They live in their communities. Some are separated from their families," Blackwell said.
"The DOJ, the DHS, and ICE are not above the law. They do wield extraordinary power, and that power has to exist within constitutional limits," Blackwell also said. "When court orders are not followed, it's not just the court's authority that's at issue. It is the rights of individuals in custody and the integrity of the constitutional system itself."
Blackwell adjourned the hearing saying he would take all that he'd heard under advisement.
ABC News' Steven Portnoy contributed to this report.
