Minnesota Sues DHS Over ICE Surge, Citing Constitutional Violations
Minnesota, Minneapolis, and St. Paul have filed federal lawsuits against the Department of Homeland Security, arguing that a large-scale ICE deployment violated constitutional limits and endangered residents, schools, and local services.
He and mayors petition court to restrain ICE surge
The state of Minnesota, along with the cities of Minneapolis and St. Paul, filed federal lawsuits against the Department of Homeland Security, alleging that a large-scale deployment of Immigration and Customs Enforcement agents violated the U.S. Constitution and the states’ rights.
Attorney General Keith Ellison asked a federal judge to block the federal government from deploying thousands of immigration agents into Minnesota, arguing the action overstepped federal authority.
“We allege that the surge has had a reckless impact on our schools and on our local law enforcement,” Ellison said. “It is a violation of the Tenth Amendment and the sovereign powers granted to states under the Constitution.”
The lawsuit follows reports that ICE agents detained a special education assistant at Roosevelt High School and used chemical irritants against teachers and students, hours after ICE agent Jonathan Ross shot and killed Renee Nicole Good near Portland Avenue and 34th Street in Minneapolis.
Ellison said the state is challenging what he described as “excessive and lethal force” by federal agents, including warrantless arrests and targeting of courts, houses of worship, and schools.
PBS Frontline reporter AC Thompson told Ellison that his reporting crew was pepper-sprayed by federal agents while covering enforcement activity. “Is this litigation aimed at restraining the use of crowd-control and less-lethal weapons?” Thompson asked. “Our crew was pepper-sprayed today by federal agents. Are you taking action on that?”
Ellison said the state believes the actions are part of a broader pattern of retaliation by the federal government. “We believe that the federal government is persecuting the state of Minnesota because of our political views,” Ellison said.
Minneapolis Mayor Jacob Frey said the surge, which began in December, is expected to cost the city millions of dollars in police overtime.
“We have normal core functions that we are tasked with daily,” Frey said. “We respond to 911 calls, work to prevent murders and carjackings, and continue community policing efforts that have driven crime rates down.”
Police Chief Brian O’Hara said Minneapolis police established a dedicated dispatch operation to handle 911 calls related to encounters with federal agents.
“We had a dramatic increase in calls related to this activity,” O’Hara said. “There is a designated supervisor on duty 24/7 to field those calls and prioritize response as policies continue to evolve.”
Frey said residents reported incidents of agents in unmarked uniforms and cars detaining American citizens. On Jan. 8, U.S. Border Patrol agents detained two workers at a Target store in Richfield, including 17-year-old Jonathan Aguilar Garcia, who was later released at a Walmart parking lot after agents confirmed he was a U.S. citizen.
“Some of you saw the videos from Target and Roosevelt High School,” Ellison said. “I have received countless calls from people saying they are afraid to go to work, and they’re citizens, not immigrants.”
Retailers including Target, Home Depot, and Walmart have faced criticism for allowing ICE to use parking lots as staging areas. Separately, security staff at Hennepin County Medical Center reportedly asked federal agents to leave a stabilization room after an injured person was brought in during an arrest. The agents allegedly refused.
State and local officials argue the incidents reflect what they describe as an ICE “invasion” of Minneapolis and other cities under a pretext of fraud enforcement.
David Super, a Georgetown University law professor, said Minnesota’s lawsuit is distinct from similar challenges in other states because the civil rights claims are being brought by the state itself.
“To prevail, Minnesota must persuade a court that the federal government is acting outside the powers granted by the Constitution and depriving the state of its sovereignty,” Super said. “While DHS has primary authority over immigration, these actions appear to extend against Minnesotans who are neither immigrants nor directly involved with immigration enforcement.”
Super said the court could issue emergency relief, such as a temporary restraining order, though such orders are limited in duration and subject to appeal by DHS. He also noted the case could reach the U.S. Supreme Court, where a conservative majority has previously ruled in favor of the Trump administration in immigration-related cases.
“Surrounding Ms. Good’s car, ordering her out, and shooting her for noncompliance goes far beyond federal authority to control immigration,” Super said. “A court could determine that such interactions with citizens are a core power of the state under the Tenth Amendment.”
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