Federal judges are not known for flying off the handle. Which is why, when a federal judge announces that his patience is at an end, everyone should probably sit up straight.
Enter Judge Patrick Schiltz, Chief of the District of Minnesota, a George W. Bush appointee who has apparently reached the “I am absolutely done with this” stage of dealing with the Trump administration’s approach to immigration enforcement. In a sharply worded order, Schiltz took the “extraordinary step” of ordering the Todd Lyons, acting director of Immigration and Customs Enforcement, to personally appear in court to explain why he should not be held in contempt.
See, it turns out judges don’t love litigants ignoring court orders. The order stems from ICE’s arrest of a man earlier this month and placed in immigration detention. On January 14, Judge Schiltz ordered the government to provide the detainee with a bond hearing within seven days. He was very clear about the stakes. If the government failed to comply, the man was to be immediately released.
But the government went and pulled a Bartleby the Scrivener and preferring not to do… anything about the court’s order.
Schiltz did not mince words about what this represents. He noted that the administration has developed an “unfortunate habit” of ignoring court orders literally dozens of times in immigration cases during the course of ICE’s occupation of Minnesota. Time and again courts have issued directives and the government has just shrugged.
All of which is why Schiltz wrote, “The Court’s patience is at an end.”
Hauling the head of a federal agency into court is not something judges do lightly. But, as Schiltz put it, “the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed.”
What makes this moment especially striking is who Schiltz is not. He is not a Democratic appointee itching for a fight. He is not a new judge trying to make a name. He is a two-time Antonin Scalia clerk and a George W. Bush-era conservative jurist who appears to have had just about enough of an executive branch that treats court orders as optional suggestions.
Schiltz did offer the administration an off-ramp. Lyons can avoid this entire mess if the government simply complies with the original order and releases the detainee. TL; DR version: respect the authority of the court and this all goes away.
And ICE blinked. According to reports, the government has released the detained man.
Wonder if this newfound conciliatory tack will extend to the “dozens” of other orders the government is flouting.
Read the full order below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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