Minnesota Lawyers Argue Trump is in Violation of Constitution with Presence of ICE Agents
Amidst all of the unrest in Minneapolis, a federal court in the Twin Cities is considering whether the Trump administration is in violation of the U.S. Constitution with its deployment of ICE agents. Here is a closer look at what both sides are arguing.
Minnesota State Lawyers Take Immigration Issue to Court
A federal court in Minneapolis is hearing arguments on whether the deployment of 3,000 immigration agents across Minnesota is unlawful. Lawyers for Minnesota and the cities of St. Paul and Minneapolis argued in the courthouse on Monday that the influx of agents in the state is an illegal occupation that is unconstitutional. More explicitly, the team of attorneys representing Minnesota is arguing that Operation Metro Surge is an illegal occupation of the state.
U.S. District Judge Kate Menendez is presiding over the case. Attorneys for the state are asking the Biden-appointed judge to take steps to halt the operation. Those opposed to the operation say that the presence of the agents has terrified residents and put public safety at risk. They are also arguing that it is impossible for local officials to carry out their duties as the unrest escalates.
The case was initially filed after the fatal shooting of Renee Nicole Good a few weeks ago. The issue has become more urgent following a second fatal shooting in Minneapolis on Saturday, January 24. Minneapolis ICU nurse and U.S. citizen Alex Pretti was killed in this incident.
It is believed that the 37-year-old was killed while he was filming an immigration operation. However, the video footage contradicts what the U.S. Department of Homeland Security (DHS) said happened when officers shot Pretti. Saturday's incident is the third shooting involving federal agents in January.
Details of Monday's Hearing
Monday's hearing kicked off with Minnesota state lawyer Lindsey Middlecamp demanding that ICE agents end what she said was an "unlawful and unchecked invasion" of the state. Middlecamp cited the Pretti shooting in her allegation, saying that Operation Metro Surge was designed to be violent. According to court reporters, Middlecamp alleged that the federal agents used racial profiling and leaned on shows of force in their operations. She also noted what she said was retaliation against critics of ICE, citing businesses that have faced audits after speaking out. Middleton also said that some of the ICE protesters have had their Global Entry status revoked in recent weeks.
Court reporters said that a large part of Monday's hearing centered on a letter from U.S. Attorney General Pam Bondi. The state said that the letter is in violation of the 10th Amendment, arguing that the White House is using the operation to force policy changes rather than leaving them in the hands of the courts.
The letter by Bondi detailed that the surge will not end until Minnesota provides access to voter registration records, welfare program data, and an agreement to repeal the region's sanctuary policies. State attorneys argue that none of these demands has anything to do with the successful enforcement of immigration. For example, the state is saying that Bondi's demand to provide data on the Supplemental Nutrition Assistance Program (SNAP) as a condition to ending the surge of agents.
The Minnesota state lawsuit alleges that the federal surge is motivated by the Trump administration's plan to "punish political opponents and score partisan points" instead of real law enforcement needs. Lawyers have pointed out that they do not want to end immigration enforcement in Minneapolis and the rest of the state. Instead, they seek to return to the staffing levels seen prior to the surge.
The defense has repeatedly dismissed the state's claims, saying that they do not have any legal support. The Trump administration and DHS said that the operation is lawful, leading to the arrests of those who were subsequently convicted of serious crimes. Attorneys for the federal government wrote that DHS is simply delivering on Trump's campaign promise to enforce the immigration laws passed by Congress.
Judge Menendez has rightly pointed out that this is uncharted legal territory. There is not a good deal of legal precedent for a state deciding to challenge federal law enforcement using the 10th Amendment. The state of Illinois recently filed a similar lawsuit aiming to block the enforcement of immigration without explicit congressional authorization.
There is no doubt that Saturday's shooting of Pretti added a sense of urgency to the case. State and city lawyers filed an additional letter late Saturday, asking the judge to act on the issue. The letter said that the court needs to "stop this surge before yet another resident dies because of Operation Metro Surge.”
It was reported late in the day Monday that top Border Patrol official Gregory Bovino and some of his staff are expected to leave Minneapolis on Tuesday. This news came as Trump confirmed that he is deploying border czar Tom Homan to Minnesota.
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