Minnesota asks court to suspend ICE’s Metro Surge operation

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Minnesota officials are asking a federal court to temporarily block Immigration and Customs Enforcement’s actions, saying they rely on unlawful excessive force and racial profiling.

The state, joined by the Twin Cities of Minneapolis and St. Paul, asked federal Judge Kate Menendez to suspend ICE operations as part of a larger lawsuit that claims the Trump administration is violating its constitutional right to police the state.

According to the complaint, federal agents engaged in a campaign of “racial profiling, excessive force, retaliation, sensitive area enforcement, blatant disregard and violation of defendants’ own policies, and blatant disregard and violation of state law.”

The Department of Homeland Security, the umbrella agency that includes ICE, said in court documents that Minnesota is “effectively seeking a state veto over the enforcement of federal law by federal agents. Nothing in the Constitution prevents this absurdity.”

The public hearing is scheduled for 9 a.m. Central Time.

Minnesota claims ICE enforcement is unconstitutional

Minnesota said ICE enforcement is prohibited under the Tenth Amendment to the U.S. Constitution, the Sovereignty Amendment that gives states and their people all powers not specifically granted to the federal government. The state says its powers include police and education.

Minnesota said ICE is effectively forcing local law enforcement agencies to clean up the “mess” they create instead of responding to other 911 calls and doing their normal work protecting communities and roadways.

The city of Minneapolis alone has had to pay out millions of dollars in overtime pay to traumatized police officers, according to court documents. Public schools also canceled classes for thousands of students for several days due to safety concerns, local officials said.

Trump administration insists ICE enforcement is legal

The Trump administration announced that the riots in Minneapolis, dubbed Operation Metrosurge, led to the arrest of more than 3,000 people who were not authorized to be in the United States.

“Minnesota is safer because of this project. This effort has resulted in the arrest of people convicted of murder, aggravated assault, domestic abuse, drug trafficking, and other serious crimes,” the administration wrote in court documents.

Federal immigration agents are in Minnesota to enforce immigration laws, but “not to operate (or close) schools or enforce Minnesota law,” the administration said.

What causes pause?

In deciding whether to issue a moratorium, Menendez must consider the potential harm to federal authorities, the likelihood that local governments will prevail in the long term, and the public interest.

Minnesota said the federal government has been enforcing federal laws for decades prior to current immigration enforcement actions and “may continue to enforce such laws even after the requested injunction goes into effect.”

This story has been updated to add new information.

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