Federal Judge Weighs in on Minnesota's Immigration Crackdown After Fatal Shootings
A federal judge in Minneapolis has heard arguments over a challenge to the Trump administration's immigration enforcement crackdown, which has led to two fatal shootings of immigrants by federal officers. U.S. District Judge Katherine Menendez is considering whether to grant requests from the state and cities of Minneapolis and St. Paul to temporarily halt the operation.
The case comes as President Donald Trump announced that he would send border czar Tom Homan to Minnesota, and the Justice Department has called the lawsuit filed by the state and cities "legally frivolous." The lawsuit seeks a reduction in the number of federal law enforcement officers and agents in Minnesota back to pre-surge levels and limits on the scope of the enforcement operation.
Lawyers for the state and cities argued that the situation is dire enough to require the court to halt the federal government's actions. "If this is not stopped right here, right now, I don't think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future," Minnesota Assistant Attorney General Brian Carter said.
The judge expressed skepticism about the government's motivation behind the crackdown and questioned where the line is between violating the Constitution and the executive's power to enforce immigration law. Menendez noted that the federal requests are subject to litigation and asked whether she was being asked to decide between state and federal policies.
At one point, during a discussion on federal officers entering residences without a warrant, the judge expressed reluctance to decide issues not yet raised in a lawsuit before her. "I can't be the global keeper of all things here," Menendez said.
The case has implications for other states that may become targets of increased federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia have filed a friend-of-the-court brief supporting Minnesota, warning that if left unchecked, the federal government will continue its "unlawful conduct" in Minnesota and elsewhere.
Menendez has already ruled in a separate case that federal officers cannot detain or tear gas peaceful protesters who are not obstructing authorities. An appeals court temporarily suspended this ruling, but plaintiffs have asked for an emergency order to lift the stay after the fatal shooting of an immigrant by a Border Patrol officer.
The Justice Department has called the injunction "unworkable and overly broad." In yet another case, a different federal judge has issued an order blocking the Trump administration from destroying or altering evidence related to the shooting. A hearing on this case is scheduled for Monday afternoon in federal court in St. Paul.
The state of Minnesota and cities are seeking to restore conditions that existed before the administration launched Operation Metro Surge on December 1, which has led to increased tensions between local officials and immigration authorities.
A federal judge in Minneapolis has heard arguments over a challenge to the Trump administration's immigration enforcement crackdown, which has led to two fatal shootings of immigrants by federal officers. U.S. District Judge Katherine Menendez is considering whether to grant requests from the state and cities of Minneapolis and St. Paul to temporarily halt the operation.
The case comes as President Donald Trump announced that he would send border czar Tom Homan to Minnesota, and the Justice Department has called the lawsuit filed by the state and cities "legally frivolous." The lawsuit seeks a reduction in the number of federal law enforcement officers and agents in Minnesota back to pre-surge levels and limits on the scope of the enforcement operation.
Lawyers for the state and cities argued that the situation is dire enough to require the court to halt the federal government's actions. "If this is not stopped right here, right now, I don't think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future," Minnesota Assistant Attorney General Brian Carter said.
The judge expressed skepticism about the government's motivation behind the crackdown and questioned where the line is between violating the Constitution and the executive's power to enforce immigration law. Menendez noted that the federal requests are subject to litigation and asked whether she was being asked to decide between state and federal policies.
At one point, during a discussion on federal officers entering residences without a warrant, the judge expressed reluctance to decide issues not yet raised in a lawsuit before her. "I can't be the global keeper of all things here," Menendez said.
The case has implications for other states that may become targets of increased federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia have filed a friend-of-the-court brief supporting Minnesota, warning that if left unchecked, the federal government will continue its "unlawful conduct" in Minnesota and elsewhere.
Menendez has already ruled in a separate case that federal officers cannot detain or tear gas peaceful protesters who are not obstructing authorities. An appeals court temporarily suspended this ruling, but plaintiffs have asked for an emergency order to lift the stay after the fatal shooting of an immigrant by a Border Patrol officer.
The Justice Department has called the injunction "unworkable and overly broad." In yet another case, a different federal judge has issued an order blocking the Trump administration from destroying or altering evidence related to the shooting. A hearing on this case is scheduled for Monday afternoon in federal court in St. Paul.
The state of Minnesota and cities are seeking to restore conditions that existed before the administration launched Operation Metro Surge on December 1, which has led to increased tensions between local officials and immigration authorities.