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Judge won’t halt Minnesota immigration enforcement surge

A federal judge says she won’t halt the immigration enforcement surge in Minnesota 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 Atty. Gen. 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 U.S. Department of Justice have called the lawsuit “legally frivolous.”

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, which it calls 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 political retaliation after the federal government’s initial attempts to withhold federal funding to try to force immigration cooperation 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 favor of granting a preliminary injunction,” the judge said in the ruling.

U.S. Atty. Gen. Pam Bondi lauded the ruling Saturday on social media, calling it “another HUGE” legal win for the Justice Department.

Federal officers have fatally shot two people on the streets of Minneapolis, Renee Good on Jan. 7 and Alex Pretti on Jan. 24.

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A federal judge is set to hear arguments on Minnesota’s immigration crackdown after fatal shootings

A federal judge will hear arguments Monday on whether she should at least temporarily halt the immigration crackdown in Minnesota that has led to the fatal shootings of two people by government officers.

The state of Minnesota and the cities of Minneapolis and St. Paul sued the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs officer. The shooting of Alex Pretti by a Border Patrol officer on Saturday has only added urgency to the case.

On Monday, President Trump said he is sending border czar Tom Homan to Minnesota. The president’s statement comes after Homeland Security Secretary Kristi Noem and Border Patrol Commander Gregory Bovino, who had become the public face of the administration’s crackdown, answered questions at news conferences over the weekend about Pretti’s shooting. Trump posted on social media that Homan will report directly to him.

Since the original court filing, the state and cities have substantially added to their original request in an effort to restore the order that existed before the Trump administration launched Operation Metro Surge in Minnesota on Dec. 1.

Democratic Minnesota Atty. Gen. Keith Ellison said he plans to attend.

The lawsuit asks U.S. District Judge Katherine Menendez to order a reduction in the number of federal law enforcement officers and agents in Minnesota back to the level before the surge and to limit the scope of the enforcement operation.

Justice Department attorneys have called the lawsuit “legally frivolous” and said “Minnesota wants a veto over federal law enforcement.” They asked the judge to reject the request or to at least stay her order pending an anticipated appeal.

Ellison said during a news conference Sunday that the lawsuit is needed because of “the unprecedented nature of this surge. It is a novel abuse of the Constitution that we’re looking at right now. No one can remember a time when we’ve seen something like this.”

It is unclear when the judge might rule.

The case has implications for other states that have been or could become targets of ramped-up federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia, led by California, filed a friend-of-the-court brief supporting Minnesota.

“If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere,” the attorneys general wrote.

Menendez ruled in a separate case on Jan. 16 that federal officers in Minnesota can’t detain or tear gas peaceful protesters who aren’t obstructing authorities, including people who follow and observe agents.

An appeals court temporarily suspended that ruling three days before Saturday’s shooting. But the plaintiffs in that case, represented by the American Civil Liberties Union of Minnesota, asked the appeals court late Saturday for an emergency order lifting the stay in light of Pretti’s killing. The Justice Department argued in a reply filed Sunday that the stay should remain in place, calling the injunction unworkable and overly broad.

In yet another case, a different federal judge, Eric Tostrud, issued an order late Saturday blocking the Trump administration from “destroying or altering evidence” related to Saturday’s shooting. Ellison and Hennepin County Atty. Mary Moriarty asked for the order to try to preserve evidence collected by federal officials that state authorities have not yet been able to inspect. A hearing in that case is scheduled for Monday afternoon in federal court in St. Paul.

“The fact that anyone would ever think that an agent of the federal government might even think about doing such a thing was completely unforeseeable only a few weeks ago,” Ellison told reporters. “But now, this is what we have to do.”

Karnowski writes for the Associated Press.

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