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Minnesota Sues To Keep ICE Out

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Minnesota on Monday sued the Trump administration to force an immediate halt to the surge of federal immigration agents in the state.

The complaint said the deployment violates state and federal constitutional rights, according to Politico. The lawsuit asks a federal judge for an injunction to remove immigration agents at once, contending the operation, known as “Operation Metro Surge,” amounts to an unlawful federal invasion of Minnesota communities.

The complaint says federal agents have carried out warrantless arrests, used excessive force and retaliated against residents and observers, infringing on protections against unreasonable seizures and suppression of freedom that are guaranteed under the U.S. Constitution and state law.

“Being free from unlawful seizures, excessive force and retaliation are not a list of aspirations Minnesotans deserve; these are rights enshrined within state and federal laws,” the lawsuit says.

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Department of Homeland Security spokesperson Tricia McLaughlin blasted the lawsuit, accusing Democrats of selectively invoking the Constitution to block federal immigration enforcement.

“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,” McLaughlin said, as reported by Politico.

The DHS did not immediately respond to the Daily Caller News Foundation’s request for comment.

CNN’s legal analyst Elie Honig described the state’s approach as an aggressive but unlikely bid to rein in a core federal function. Honig said that request of asking a federal judge to manage and constrain U.S. Immigration and Customs Enforcement’s (ICE’s) operations across the board is where the case runs into serious trouble.

“The purpose of ICE is to enforce federal immigration law, which is uniquely federal in nature. There’s really no way for the states to enforce immigration law. And there may be remedies that individuals can pursue,” Honig said. “If an individual is harmed, you can sue ICE for damages. If there are specific instances where people are looking to prevent ICE from engaging in certain searches, if people have been arrested and have not been given their due process rights, they can sue.”

Honig said that Minnesota’s strategy of asking a federal judge to shut down ICE operations goes far beyond what courts typically allow.

“I think this type of approach of the state asking a federal judge to wholeheartedly sort of across the board just block ICE, I don’t think it’s especially likely to succeed in the courts,” Honig added.

Minnesota’s lawsuit follows after an ICE agent fatally shot 37-year-old Renee Nicole Good during an enforcement operation Wednesday, drawing backlash from Democratic Minnesota Gov. Tim Walz and Democratic Minneapolis Mayor Jacob Frey. Minneapolis officials said Good served as a legal observer monitoring federal law enforcement at the time.

(Featured Image Media Credit: Gulbenk/Wikimedia Commons)