ICE in Minnesota lawsuit: Judge hears arguments seeking to block immigration operations

MINNEAPOLIS (FOX 9) - A federal judge heard arguments Monday on whether she should temporarily halt the immigration crackdown in Minnesota, which has led to three shootings, including two fatal shootings, by federal officials this month. 

U.S. District Court Judge Katherine Menendez did not rule on the case during the hearing, saying she plans to issue a written opinion but did not specify when.

Lawsuit against the DOJ

The backstory:

The State of Minnesota, Minneapolis and St. Paul sued the Department of Homeland Security days after Renee Good was fatally shot by an ICE officer in Minneapolis. Monday's hearing comes days after a Border Patrol officer fatally shot Alex Pretti in Minneapolis. 

The lawsuit asks U.S. District Judge Katherine Menendez to order a reduction in the number of federal officers in Minnesota back to the level before Operation Metro Surge began on Dec. 1 and limit the scope of enforcement operations. The Department of Justice has called the lawsuit frivolous. 

Minnesota urges court for temporary restraining order on ICE operations

Local perspective:

Oral arguments began at 9 a.m. Monday. Attorneys for Minneapolis, St. Paul and the State of Minnesota urged the court to issue a temporary restraining order to end escalating immigration enforcement in the Twin Cities, citing in part the recent deadly shooting of Alex Pretti by Border Patrol over the weekend. 

Attorneys for the state say putting an end to Operation Metro Surge cannot wait another day. 

"If this is not stopped right here, right now, I don’t think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future," Minnesota Assistant Attorney General Brian Carter said during oral arguments Monday morning.

In laying out its case, the state says the federal occupation of more than 3,000 masked agents has led to racial profiling, illegal detentions and warrantless entries. They are calling the immigration surge a violation of the 10th Amendment, which grants the states equal sovereignty over local issues. They cited efforts by the White House to get state and city leaders to abandon their sanctuary policies or else fact what President Donald Trump has called a "day of reckoning and retribution."

The state also says U.S. Attorney General Pam Bondi sent a letter to Gov. Tim Walz over the weekend with three requests: she wants information on Medicaid and food programs; she wants the state's sanctuary policies to be repealed, and she wants the DOJ's civil rights division to be given access to the state's voter roles. Attorneys for the state called this a shakedown letter. 

Judge Menendez asked attorneys for the state and cities where she should draw the line between legitimate law enforcement response and one that violates the Constitution.

Ellison: Judge's decision has ‘great ramifications’ for US

What they're saying:

Minnesota Attorney General Keith Ellison after Monday's hearing said the judge's decision on ICE operations in Minnesota has "great ramifications" for the United States. 

"This decision is extremely important to the sovereignty of every single state," Ellison said. He later added, "We’re asking for preliminary relief. The case will go on. But what is decided in Minnesota, overall, this case, and everything that we’re doing to try to protect our state, has great ramifications for the rest of the country."

The judge's ruling will determine if Operation Metro Surge needs to stop temporarily while the lawsuit moves forward in court. 

"We’re never going to stop defending Minnesota, If things go our way, great. If they don’t, we’re right back to the drawing board," Ellison said. "The moment will never arrive when we stop fighting for this state. Full stop."

Federal response to Minnesota ICE lawsuit

The other side:

Justice Department attorneys have called the lawsuit "legally frivolous" and said "Minnesota wants a veto over federal law enforcement." They asked the judge to reject the request or to at least stay her order pending an anticipated appeal.

During Monday's arguments on the case, the DOJ revealed at least 3,000 federal agents are in Minnesota for Operation Metro Surge. Brantley Mayers, a U.S. Department of Justice attorney, told Menendez at least 2,000 Immigration and Customs Enforcement officers and at least 1,000 Customs and Border Patrol officers were part of the operation, but he would provide an exact number later.

When Menendez asked Mayers why so many officers are needed, he said it had to do with how officers stage for enforcement operations, gathering in parking lots. Twin Cities officials have taken steps to prohibit city-owned parking lots and garages from being used in immigration enforcement operations.

Mayers said during the hearing the goal of Operation Metro Surge is to enforce federal law. 

The judge expressed skepticism about a letter recently sent by Bondi to Walz asking the state to allow the federal government to access state voter roles, turn over state Medicaid and food assistance records, and repeal sanctuary policies. All three requests are the subject of litigation, she noted.

"Would 10,000 ICE agents on the ground in the Twin Cities cross the line?" Menendez asked Mayers. "I mean, is there no limit to what the executive can do under the guise of enforcing immigration law?"

Mayers said one lawful action shouldn’t be used to discredit another lawful action, saying: "I don’t see how the fact that we’re also doing additional things that we are allowed to do, that the Constitution has vested us with doing, would in any way negate another piece of the same operation, the same surge."

Where other lawsuits stand

Dig deeper:

Menendez ruled in a separate case on Jan. 16 that federal officers in Minnesota can’t detain or tear gas peaceful protesters who aren’t obstructing authorities, including people who follow and observe agents. However, an appeals court temporarily suspended the ruling days before Pretti was fatally shot by Border Patrol. 

The plaintiffs in the lawsuit, the ACLU of Minnesota, asked the appeals court late Saturday, after Pretti was fatally shot, for an emergency order lifting the stay. The Justice Department argued in a response filed Sunday that the stay should remain in place.

In another case, Judge Eric Tostrud, issued an emergency order Saturday night that blocks the Trump administration from "destroying or altering evidence" related to the fatal shooting of Pretti. Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty asked for the order to try to preserve evidence collected by federal officials that state authorities have not yet been able to inspect. 

A hearing in that case is scheduled for 2 p.m. Monday in federal court.

NewsMinnesotaImmigration