Minnesota ICE lawsuit: Judge allows ICE to continue operation amid legal arguments
ICE in Minnesota: The latest as ICE's operations continue in Minneapolis
A hearing will be held this morning in the lawsuit filed by the state of Minnesota and the Twin Cities, which is trying to put an end to ICE operations in the state.
MINNEAPOLIS (FOX 9) - A federal court judge is allowing the ICE surge in Minnesota to continue for now amid a legal challenge by the state, but is demanding federal authorities respond to the lawsuit by early next week.
ICE surge lawsuit
The backstory:
On Monday, the State of Minnesota and the cities of Minneapolis and St. Paul announced a lawsuit and motion for a temporary restraining order in an attempt to bring an end to the ICE surge that is underway in Minnesota.
In its argument, the state cites "harm" brought by the surge, including the shooting of Renee Nicole Good at the hands of an ICE agent a week ago, among other conflicts.
State officials argue the operation isn't about safety or fraud as federal officials claim, but rather political retribution.
What we know:
In a hearing on Wednesday held via telephone, a judge denied the state's request to force an immediate end to the ICE operation but kept the lawsuit on the fast track.
The judge ordered federal authorities to submit their response to the lawsuit no later than Monday, Jan. 19. The plaintiffs will then have until Thursday, Jan. 22, to respond to those arguments.
Battle over ICE surge
What the state says:
The lawsuit argues that the recent surge of federal law enforcement officers that has brought at least 2,100 ICE officers and Homeland Security investigators into the state is "unconstitutional and unlawful."
They are asking a judge to end the surge and to block the Trump administration from moving forward any similar actions in Minnesota in the future.
"We allege that the obvious targeting of Minnesota for our diversity, for our democracy and our differences of opinion with the federal government is a violation of the Constitution and of federal law," said Ellison. "We allege that the surge's reckless impact on our schools, on our local law enforcement, is a violation of the 10th Amendment and the sovereign laws and powers of the Constitution grants to states. We allege that DHS forces use of excessive and lethal force, their warrantless racist arrests, their targeting of our courts."
What federal leaders say:
The Department of Homeland Security has repeatedly blasted the state and Minneapolis leaders for protecting criminals in their opposition to ICE.
Responding to the lawsuit on Monday, Department of Homeland Security Assistant Secretary Tricia McLaughlin said:
"Keith Ellison made it abundantly clear today he is prioritizing politics over public safety. It really is astounding that the Left can miraculously rediscover the Tenth Amendment when they don’t want federal law enforcement officers to enforce federal law — which is a clear federal responsibility under Article I, Article II and the Supremacy Clause — and then go right back to federalizing every state responsibility possible when they get back in power. Spare us.
"Sanctuary politicians like Ellison are the EXACT reason that DHS surged to Minnesota in the first place. If he, Tim Walz, or Jacob Frey had just done their sworn duty to protect the people of Minnesota they are supposed to serve to root out fraud and get criminals off the street — if they had worked with us to do it — we wouldn’t be having this conversation in the first place.
"President Trump’s job is to protect the American people and enforce the law — no matter who your mayor, governor, or state attorney general is. That’s what the Trump administration is doing; we have the Constitution on our side on this, and we look forward to proving that in court."
In context:
McLaughlin's statement also included a list of the "worst of the worst" detainees arrested by ICE that included offenders ranging from people accused of murder to sex offenses against children.
On Tuesday, DHS told FOX 9 that it had arrested about 2,000 people since the start of Operation Metro Surge.
However, it's worth noting that reviews have found that many of the individuals arrested by ICE have no convictions on their records. The Cato Institute, a libertarian thinktank, found that only about 5% have violent convictions.