Conservative judge in Minnesota tries to keep Trump administration in check during crackdown

A law enforcement agency executing the Trump administration’s immigration crackdown has been described as a serial violator of court orders in Minnesota.

The declaration didn’t come from the Democratic governor or Minneapolis’ Democratic mayor, who have repeatedly traded barbs with President Donald Trump. It was a federal judge with a conservative pedigree who has added a powerful voice to a saga that has stirred the nation.

“ICE is not a law unto itself,” Chief U.S. District Judge Patrick Schiltz wrote this week, referring to U.S. Immigration and Customs Enforcement.

Schiltz wasn’t referring to the tactics of immigration officers, who have killed two U.S. citizens in Minneapolis, burst into homes with battering rams, smashed windows and pulled people from cars, and tossed tear gas at irate 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 have sued seeking release or other relief. Even that number, he said, is “almost certainly substantially understated.”

“This list should give pause to anyone — no matter his or her 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 follow those orders unless and until they are overturned or vacated,” Schiltz wrote.

It’s another example of judges calling out the government and trying to keep officials accountable during a remarkable surge of immigration enforcement. U.S. District Judge Kate Menendez prohibited officers from using tear gas or pepper spray against peaceful protesters in Minnesota, though an appeal has put it on hold.

In November, a Chicago federal judge put similar limits on the use of force and said a Border Patrol commander lied about threats faced by officers. An appeals court halted the remedy, and the 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 for U.S. Supreme Court Justice Antonin Scalia, a noted conservative jurist, and was a practicing attorney and law professor.

“This is not a judge who courts controversy,” 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 includes that when government officials are ordered by the courts to do something, there should be a good faith effort to make that happen. When we lose that we lose the accountability for government that an ordered society requires.”

On Monday, Schiltz said he was taking the “extraordinary” step of ordering ICE’s acting director, Todd Lyons, to appear and explain why he should not be held in contempt for the agency’s failure to comply with 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 to Fox News Digital that he has donated to Immigrant Law Center of Minnesota, which gives free counsel to immigrants, and Mid-Minnesota Legal Aid. He said he believes poor people should get access to legal help.