Judge says she will not halt immigration enforcement surge in Minnesota

A US federal judge says she will not 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 argued that the Department of Homeland Security is violating constitutional protections.

The lawsuit sought a quick order to halt the enforcement action or limit its scope. Lawyers with the US Department of Justice have called the lawsuit “legally frivolous”.

It comes after federal officers fatally shot two people on the streets of Minneapolis: Renee Good on January 7 and Alex Pretti on January 24.

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 is retaliation after the federal government’s initial attempts to withhold federal funding to try to force immigration co-operation failed.

“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 favour of granting a preliminary injunction,” the judge said in the ruling.

The judge also said she was influenced by the government’s victory last week at the 8th US 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,” Judge Menendez said.

Despite the denial of an injunction, the judge 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 (Immigration and Customs Enforcement) and CBP agents have engaged in racial profiling, excessive use of force, and other harmful actions,” she wrote.

US Attorney General Pam Bondi took to social media on Saturday to laud the ruling, calling it “another HUGE” legal win for the Justice Department on X.

Minneapolis Mayor Jacob Frey said in a statement that he was disappointed by the ruling.

“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,” Mr 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.”

Neither the Minnesota Attorney General’s office nor attorneys for the city of St Paul responded to messages seeking comment.

The state, and particularly the city of Minneapolis, has been on edge after the recent shootings. Thousands of people have taken to the streets to protest against the federal action in Minnesota and across the country.