The law enforcement agency implementing the Trump administration’s crackdown on immigration has been described as a serial violator of court orders in Minnesota.
This announcement did not come from the Democratic governor or the Democratic mayor of Minneapolis, who have done so repeatedly Harsh criticism circulated With President Donald Trump. It was a federal judge of conservative lineage who added a powerful voice to the saga that riled the nation.
“Immigration and Customs Enforcement’s enforcement is not a law unto itself,” U.S. Chief District Judge Patrick Schiltz wrote this week, referring to U.S. Immigration and Customs Enforcement.
Schiltz wasn’t referring to that Immigration officers’ tacticswho have Killing American citizens In Minneapolis, they stormed homes with hammers, smashed windows, pulled people out of cars, and threw tear gas at angry protesters.
Instead, after polling other justices on his court, Schiltz was talking about the government’s failure to comply with nearly 100 court orders since January 1 in 74 cases in which people arrested during Operation Metro Surge have sued to seek their release or other compensation. Even that number is “almost certainly a gross underestimate,” he added.
“This list should give pause to anyone — regardless of 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 they are overturned or vacated.” Schiltz wrote.
It’s another example of judges subpoenaing the government and trying to hold officials accountable during a notable wave of immigration enforcement. U.S. District Judge Kate Menendez Banned officers of using tear gas or pepper spray against peaceful protesters in Minnesota, although an appeal has halted it.
In November, a federal judge in Chicago placed similar restrictions on the use of force, saying the Border Patrol commander lied about threats to officers. Court of Appeal Stop treatmentThe lawsuit 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 U.S. Supreme Court Justice Antonin Scalia, a noted conservative jurist, and was a practicing attorney and law professor.
“This is not a judge trying to argue,” said Mark Osler, a former federal prosecutor who teaches law at the University of St. Thomas School of Law in Minneapolis.
“He has a deep belief in the rule of law,” Osler said. “Our social contract implies that when courts order government officials to do something, there must be a good faith effort to make it happen. When we lose that, we lose the accountability to government that an organized society requires.”
On Monday, Schiltz said he took the “extraordinary” step of ordering the acting director of ICE, Todd Lyons, to appear and explain why he should not be held in contempt of the agency for not complying with orders. The Department of Homeland Security responded by calling him an “activist judge.” Schiltz canceled the hearing after Mehajer was released in the case.
Schiltz He was recognized for Fox News Digital He donated to the Minnesota Immigrant Law Center, which provides free immigrant counseling and legal assistance in Mid-Minnesota. He said he believes poor people should get legal aid.