Justice Department files complaint against judges over immigration enforcement surge comments

WASHINGTON (AP) — The Department of Justice immigration enforcement surge.

The complaint escalates the department’s battle with the federal judiciary, which has halted administration priorities, dismissed high-profile prosecutions and accused government lawyers in some cases of failing to comply with court orders.

The department is demanding that the judges recuse themselves from all criminal or civil cases involving the Department of Homeland Security, Attorney General Todd Blanche told reporters, because of what he described as “obvious bias they have shown” in recent remarks to The New York Times.

At issue is a September article in which seven federal judges in Minnesota — nominated by Democrats and Republican presidents — spoke on the record about their experience dealing with a flood of cases during last winter’s immigration crackdown that led to thousands of arrests.

The judge at the center of the story, Patrick Schiltz, accused the government in January of failing to comply with nearly 100 court orders. He said in a ruling that U.S. Immigration and Customs Enforcement, a part of DHS, “is not a law unto itself.”

Schiltz, who was nominated by Republican President George W. Bush and served as a law clerk for Supreme Court Justice Antonin Scalia, told the newspaper that what happened in Minnesota’s federal court last winter “created a grave threat to the rule of law.”

In a statement Wednesday, Schiltz said he was “acting well within the ethical rules that apply to federal judges in speaking to The New York Times.”

“Indeed, in February of this year, the Committee on Codes of Conduct issued an advisory opinion to emphasize that federal judges” may speak or write “on core judiciary matters such as advocacy for the rule of law and judicial independence,'” Schiltz said. “That is exactly what I did.”

The complaint was filed with the chief judge of the 8th U.S. Circuit Court of Appeals, which oversees federal judges in Minnesota.

The Republican administration has railed against what it describes as “activist judges” who officials say are intent on thwarting Trump’s agenda. Yet some of the most critical and unfavorable court rulings have come from judges nominated by Trump and other Republican presidents.