MINNEAPOLIS (AP) — A federal judge says she won’t halt the immigration enforcement surge in Minnesota and the Twin Cities as a lawsuit over it proceeds.
Judge Katherine M. Menendez on Saturday denied a preliminary injunction sought in a lawsuit filed this month by state Attorney General Keith Ellison and the mayors of Minneapolis and St. Paul.
It argues that the Department of Homeland Security is violating constitutional protections. State and local officials sought a quick order to halt the enforcement action or limit its scope. Lawyers with the U.S. Department of Justice have called the lawsuit “legally frivolous.”
Ruling looks at chances of lawsuit succeeding
The ruling on the injunction focused on the argument by Minnesota officials that the federal government is violating the Constitution’s 10th Amendment, which limits the federal government’s powers to infringe on the sovereignty of states. In her ruling, the judge relied heavily on whether that argument was likely to ultimately succeed in court.
The federal government argued that the surge, dubbed Operation Metro Surge, is necessary in its effort to take criminal immigrants off the streets and because federal efforts have been hindered by state and local “sanctuary laws and policies.”
State and local officials argued that the surge amounts to retaliation after the federal government's initial attempts to withhold federal funding to try to force immigration cooperation failed. They also maintain that the surge has amounted to an unconstitutional drain on state and local resources, noting that schools and businesses have been shuttered in the wake of what local officials say are aggressive, poorly trained and armed federal officers.
“Because there is evidence supporting both sides’ arguments as to motivation and the relative merits of each side’s competing positions are unclear, the Court is reluctant to find that the likelihood-of-success factor weighs sufficiently in favor of granting a preliminary injunction,” the judge said in the ruling.
Judge has harsh words for federal agencies
The judge also said she was influenced by the government’s victory last week at the 8th U.S. Circuit Court of Appeals. The appeals court set aside her decision putting limits on the use of force by immigration officers against peaceful Minnesota protesters.
“If that injunction went too far, then the one at issue here — halting the entire operation — certainly would,” Menendez said.
Despite the denial of an injunction, Menendez said the lawsuit makes a strong showing that the surge is having a “profound and even heartbreaking” effect on the people of Minnesota, noting multiple shootings of state residents by federal agents.
“Additionally, there is evidence that ICE and CBP agents have engaged in racial profiling, excessive use of force, and other harmful actions,” she wrote.
Reactions to injunction decision
U.S. Attorney General Pam Bondi lauded the ruling, calling it “another HUGE” legal win for the Justice Department on the social platform X.
At an unrelated news conference Saturday in Miami, Department of Homeland Security Secretary Kristi Noem said her agency is “grateful when a court sees that the right thing has been done,” and said DHS will try to work with local law enforcement and state leadership on its effort.
Minneapolis Mayor Jacob Frey said in a statement that he was disappointed.
“This decision doesn’t change what people here have lived through — fear, disruption, and harm caused by a federal operation that never belonged in Minneapolis in the first place,” Frey said. “This operation has not brought public safety. It’s brought the opposite and has detracted from the order we need for a working city. It’s an invasion, and it needs to stop.”
Minnesota Attorney General Keith Ellison said the case is still in its infancy and his office will push forward with the lawsuit.
“We know that these 3,000 immigration agents are here to intimidate Minnesota and bend the state to the federal government’s will,” Ellison said in a statement. “That is unconstitutional under the Tenth Amendment and the principle of equal sovereignty. We’re not letting up in defending our state’s constitutional powers.”
Protests continue in Minnesota
The state, particularly Minneapolis, has been on edge after federal officers fatally shot two people in the city: Renee Good on Jan. 7 and Alex Pretti on Jan. 24. Thousands of people have taken to the streets to protest the federal action in Minnesota and across the country.
On Saturday in a Minneapolis park, demonstrators voiced a mix of concern and resignation over the ruling.
“It’s not surprising, but it’s awful,” said Tucker Johnson, a 27-year-old middle school teacher, adding that he has seen a significant drop in attendance since the operation began. “Our students can’t get an education, because they and their families are too scared to go to school. That’s wrong, no matter what the court says.”
Carrie Schmitt-Jost, a 54-year-old nurse, agreed.
“Shame on the judge,” she said. “But it won’t stop us.”
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Beck reported from Omaha, Nebraska. Associated Press writer Ed White in Detroit contributed.
