A federal judge in Minneapolis is set to hear arguments on Monday over whether to temporarily halt an immigration enforcement surge in Minnesota that has resulted in the fatal shootings of two individuals by federal officers. The state of Minnesota and the cities of Minneapolis and St. Paul filed a lawsuit against the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs Enforcement officer. The urgency of the case has intensified following the Saturday shooting of Alex Pretti by a Border Patrol officer.
The plaintiffs are seeking to restore the situation that existed before the Trump administration launched Operation Metro Surge on December 1. They are asking U.S. District Judge Kathleen Menendez to order federal law enforcement agencies to reduce their presence in Minnesota to pre-surge levels, while allowing them to continue enforcing immigration laws under a set of proposed restrictions. Democratic Minnesota Attorney General Keith Ellison, who plans to attend the hearing, described the surge as an “unprecedented” and “novel abuse of the Constitution.”
Justice Department attorneys have dismissed the lawsuit as “legally frivolous,” arguing that “Minnesota wants a veto over federal law enforcement.” They have urged the judge to reject the request or stay any order pending an anticipated appeal. The outcome of the hearing could have broader implications, as attorneys general from 19 states and the District of Columbia have filed a friend-of-the-court brief supporting Minnesota, warning that unchecked federal conduct could be repeated elsewhere.
Judge Menendez previously ruled on January 16 that federal officers in Minnesota cannot detain or use tear gas against peaceful protesters who are not obstructing authorities. However, an appeals court temporarily suspended that ruling three days before Saturday’s shooting. The American Civil Liberties Union of Minnesota has since asked the appeals court for an emergency order to lift the stay in light of Pretti’s death, while the Justice Department has argued against it.
In a separate development, another federal judge, Eric Tostrud, issued an order late Saturday blocking the Trump administration from destroying or altering evidence related to Saturday’s shooting. This order was requested by Ellison and Hennepin County Attorney Mary Moriarty to preserve evidence that state authorities have not yet been able to inspect. A hearing in that case is scheduled for Monday afternoon in St. Paul.
