A federal judge with a conservative background has issued a sharp rebuke of U.S. Immigration and Customs Enforcement, describing the agency as a repeat violator of court orders during the Trump administration’s immigration crackdown in Minnesota.
The warning did not come from Minnesota’s Democratic governor or Minneapolis’ Democratic mayor, both of whom have publicly sparred with President Donald Trump. Instead, it came from Chief U.S. District Judge Patrick Schiltz, who wrote this week that “ICE is not a law unto itself.”
Schiltz’s comments were not aimed at enforcement tactics on the street. They followed his review of court records showing widespread noncompliance with judicial directives in cases tied to Operation Metro Surge. After consulting other judges in his district, Schiltz said the federal government has failed to comply with nearly 100 court orders since Jan. 1 across 74 lawsuits filed by people arrested during the operation and seeking release or other relief. He added that the tally 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,” Schiltz wrote. “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.”
The Department of Homeland Security dismissed Schiltz’s statement. Tricia McLaughlin, a DHS spokesperson, called it a “diatribe from this activist judge,” adding: “We will not be deterred by activists either in the streets or on the bench.”
Deputy White House Chief of Staff Stephen Miller also criticized the judge’s remarks on social media, writing: “The judicial sabotage of democracy is unending.”
Schiltz is one of several judges who have recently pressed federal officials over immigration enforcement actions. U.S. District Judge Kate Menendez barred officers from using tear gas or pepper spray against peaceful protesters in Minnesota, though that order has been put on hold during an appeal.
Similar disputes have surfaced elsewhere. In November, a federal judge in Chicago imposed comparable restrictions on the use of force and said a Border Patrol commander had misrepresented the threats officers faced. An appeals court later paused the remedy, and the lawsuit was ultimately dropped as tensions eased.
Schiltz, 65, has served on the bench for about two decades after being nominated by Republican President George W. Bush. He previously clerked for U.S. Supreme Court Justice Antonin Scalia and later worked as a practicing attorney and law professor.
“This is not a judge who courts controversy,” said Mark Osler, a former federal prosecutor who now teaches 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 took what he called an “extraordinary” step, ordering ICE’s acting director, Todd Lyons, to appear and explain why he should not be held in contempt over the agency’s failures to comply with court orders. DHS again branded him an “activist judge.” Schiltz later canceled the hearing after the immigrant at the center of that case was released.
Schiltz also told Fox News Digital that he has donated to the Immigrant Law Center of Minnesota, which provides free legal counsel to immigrants, and to Mid-Minnesota Legal Aid. He said he believes low-income people should have access to legal representation.
