A law enforcement agency executing the Trump administration’s immigration crackdown has been described as a serial violator of court orders in Minnesota.
The statement did not come from the Democratic governor or the Democratic mayor of Minneapolis, who have repeatedly traded barbs with President Donald Trump. He was a federal judge with a conservative pedigree who added a strong voice to a saga that moved the nation.
“ICE is not a law unto itself,” U.S. District Judge Patrick Schiltz wrote this week, referring to U.S. Immigration and Customs Enforcement.
Schiltz was not referring to the tactics of immigration officials, who killed two US citizens in Minneapolis, rammed homes, smashed windows and pulled people from cars, and tear gassed angry protesters.
Rather, after surveying other judges in his court, Schiltz was talking about the government’s failure to comply with nearly 100 court orders since Jan. 1 in 74 cases in which people arrested during Operation Metro Surge sued to seek release or other relief. Even that number, he said, is “almost certainly substantially underestimated.”
“This list should give pause to anyone — regardless of his or her political beliefs — who cares about the rule of law. … ICE has every right to challenge this Court’s orders, but, like any litigant, ICE must follow those orders unless and until they are reversed or vacated,” Schiltz wrote.
It’s another example of judges calling out the government and trying to hold officials accountable during a surge in immigration enforcement. US District Judge Kate Menendez has banned officers from using tear gas or pepper spray against peaceful protesters in Minnesota, although an appeal stopped it.
In November, a federal judge in Chicago placed similar limits on the use of force and said a Border Patrol commander lied about threats the officers faced. An appeals court halted the remedy, and the case was recently dropped as tensions eased.
Schiltz, 65, has been a judge for about 20 years after being nominated by Republican President George W. Bush. He served as a law clerk to United States Supreme Court Justice Antonin Scalia, a noted conservative jurist, and was a practicing attorney and law professor.
“This is not a judge who stirs up controversy,” said Mark Osler, a former federal prosecutor who teaches law at the University of St. Louis School of Law. Thomas in Minneapolis.
“He has a deep belief in the rule of law,” Osler said. “Our social contract includes that when government officials are ordered by the courts to do something, there must be a good faith effort to make it happen. When we lose this we lose the responsibility for government that an orderly society requires.”
On Monday, Schiltz said he was taking the “extraordinary” step of ordering acting ICE director Todd Lyons to appear and explain why he should not be held in contempt for the agency’s failure to comply with the orders. The Department of Homeland Security responded by calling him an “activist judge.” Schiltz canceled the hearing after an immigrant in that case was released.
Schiltz acknowledged Fox News Digital for donating to the Immigrant Law Center of Minnesota, which provides free counseling to immigrants, and Mid-Minnesota Legal Aid. He said he believes that poor people should have access to legal aid.