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A law enforcement agency carrying out the Trump administration’s immigration crackdown has been described as a series of violators of court orders in Minnesota.
The declaration did not come from the Democratic governor or the Democratic mayor of Minneapolis, which is back-to-backsold barbswith President Donald Trump. It’s a federal judge with a conservative pedigree who adds a powerful voice to a saga that has stirred the nation.
“ICE is not a law unto itself,” Chief US District Judge Patrick Schiltz wrote this week, referring to US Immigration and Customs Enforcement.
Schiltz did not explainthe tactics of immigration officialswho hastwo US citizens were killedin Minneapolis, burst into homes with battering rams, smashed windows and pulled people from cars, and threw tear gas at angry protesters.
Instead, after surveying the other judges in his court, Schiltz spoke about the government’s failure to comply with nearly 100 court orders since January 1 in 74 cases where people were arrested during the Operation. Metro Surge sued seeking relief or other relief. Even that number, he said, is “almost certainly understated.”
“This list should give pause to anyone – regardless of his political beliefs – who cares about the rule of law. … ICE has every right to challenge the orders of this Court, but, like any litigant, ICE must obey the orders unless and until they are overturned or vacated,”Written by Schiltz.
It’s another example of judges calling out the government and trying to hold officials accountable during an unprecedented surge in immigration enforcement. US District Judge Kate Menendezprohibited officersfrom using tear gas or pepper spray against peaceful protesters in Minnesota, although an appeal prevented it.
In November, a federal judge in Chicago placed similar limits on the use of force and said a Border Patrol commander lied about the threats the officers faced. An appellate courtthe medication was stoppedand the lawsuit was recently dropped as tensions eased.
Schiltz, 65, became a judge for about 20 years after being nominated by Republican President George W. Bush. He served as a law clerk for US Supreme Court Justice Antonin Scalia, a prominent conservative jurist, and is a practicing attorney and law professor.
“This is not a judge settling a controversy,” said Mark Osler, a former federal prosecutor who teaches law at the University of St. Thomas School of Law in Minneapolis.
“He had 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 concerted effort to do so.
On Monday, Schiltz said he took the “extraordinary” step of ordering ICE’s acting director, Todd Lyons, to appear and explain why he should not be fired over 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 one immigrant was released in the case.
Schiltzrecognized by Fox News Digitalwhich he donated to the Immigrant Law Center of Minnesota, which provides free advice to immigrants, and Mid-Minnesota Legal Aid. He said he believes the poor should get access to legal aid.
This story was originally featured on Fortune.com
