1. United States
  2. Va.
  3. Letter

ALL public officials must obey court orders.

To: Rep. McGuire

From: A verified voter in Charlottesville, VA

February 4

Last week, Judge Patrick J. Schiltz — a Reagan appointee and top federal judge in Minnesota — accused ICE of violating nearly a hundred court orders in the month of January alone. He 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,” adding that “ICE is not a law unto itself.” Judge Schiltz had issued an order on January 14 that the government must give an immigrant a bond hearing or release him within seven days. Seven days passed without a hearing or release. Judge Schiltz then took what he called the “extraordinary step” of ordering Todd Lyons, the acting head of ICE, to appear at a hearing on January 23 to explain why he shouldn’t be held in contempt for violating the Jan. 14 order. “The Court acknowledges that ordering the head of a federal agency to personally appear is an extraordinary step, but the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed. Judge Schiltz said he would cancel the Friday hearing if the government released the man by then. The government released him. Schiltz canceled the hearing. But threatening the acting head of ICE with contempt of court is a cumbersome way to get ICE to follow court orders. Obeying court orders is part of the job (and Constitutional responsibility) of *every* public official — whether an agent of ICE or Border Patrol, or a member of Congress. You’ve explained this yourself (“The Judicial Branch has the power to decide whether any of the President’s actions are unconstitutional. For example, President Biden signed several Executive Actions—such as the student loan repayment program--that were subsequently struck down by the United States Supreme Court. After this ruling President Biden ignored the Supreme Court and chose to forgive student loan debt through his Department of Education on numerous occasions. For clarity, President Biden’s decision to ignore the Supreme Court’s ruling was unconstitutional.”), so I know you understand. For clarity, court rulings apply to everyone, not just the president you’ve written about. It is time for ICE, CPB, and every other public official to start obeying court orders. Please speak up about this.

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