Keith Ellison

Jan. 31 (UPI) — Minnesota and the cities of Minneapolis and St. Paul lost their bid to have a federal court order the Department of Homeland Security to end its immigration enforcement effort in the state.

U.S. District Court of Minnesota Judge Katherine Menendez on Saturday denied a motion to enjoin the federal government from continuing its immigration law enforcement surge in the Twin Cities.

“Even if the likelihood of success on the merits and the balance of harms each weighed more clearly in favor of plaintiffs, the court would still likely be unable to grant the relief requested: An injunction suspending Operation Metro Surge,” Menendez wrote in her 30-page ruling.

She cited a recent federal appellate court ruling that affirmed the federal government has the right to enforce federal laws over the objections of others.

“The Eighth Circuit Court of Appeals recently vacated a much more circumscribed injunction, which limited one aspect of the ongoing operation, namely the way immigration officers interacted with protesters and observers,” Menedez said.

“The injunction in that case was not only much narrower than the one proposed here, but it was based on more settled precedent than that which underlies the claims now before the court,” she explained.

“Nonetheless, the court of appeals determined that the injunction would cause irreparable harm to the government because it would hamper their efforts to enforce federal law,” Menendez continued.

“If that injunction went too far, then the one at issue here — halting the entire operation — certainly would,” she concluded.

Menendez said her ruling does not address the merits of the case filed by Minnesota Attorney General Keith Ellison on behalf of the state and two cities, which are named as the lawsuit’s three plaintiffs.

Those claims remain to be argued and largely focus on Ellison’s claim that the federal government is undertaking an illegal operation that is intended to force state and local officials to cooperate with federal law enforcement.

Menendez said Ellison has not proven his claim, which largely relies on a 2013 ruling by the Supreme Court in a case brought by Shelby County, Ala., officials who challenged the 1965 Voting Rights Act.

The act placed additional restrictions on some states based on “their histories of racially discriminatory election administration,” Menendez said.

The Supreme Court ruled a “departure from the fundamental principle of equal sovereignty” requires the federal government to show that geographically driven laws are “sufficiently related to the problem that it targets” to be lawful, she wrote.

Ellison says that the ruling “teaches that the federal government cannot single out states for disparate treatment without strong and narrowly tailored justification,” according to Menendez.

But he does not show any other examples of a legal authority applying the “equal sovereignty ‘test'” and does not show how it would apply to a presidential administration’s decision on where to deploy federal law enforcement to “enforce duly enacted federal laws,” she said.

“There is no precedent for a court to micromanage such decisions,” and she can ‘readily imagine scenarios where the federal executive must legitimately vary its use of law enforcement resources from one state to the next,” Menendez explained.

Because there is no likelihood of success in claims based on equal sovereignty, she said Ellison did not show there is a likelihood that plaintiffs will succeed in their federal lawsuit, so the motion to preliminarily enjoin the federal government from continuing Operation Metro Surge is denied.

Former President Joe Biden appointed Menendez to the federal bench in 2021.

Jan. 29 (UPI) — White House border czar Tom Homan says federal agents will continue so-called targeted operations in Minneapolis during a news conference on Thursday.

Homan added that the focus of these targeted operations will be “criminal aliens” and threats to public and national safety. He has also directed federal agents to prepare a drawdown plan for Minneapolis but clarified that the administration will not stop with detainments and deportations.

Homan added that decreasing the number of federal agents on Minneapolis’ streets will require the local government and law enforcement entities to cooperate with the federal government to identify and detain immigrants.

“We will conduct targeted enforcement operations. What we’ve done for decades,” Homan said. “With a prioritization on public safety threats. We are not surrendering the president’s mission on immigration enforcement. Prioritization of criminal aliens does not mean we forget about everybody else. That’s just ridiculous.”

Homan took the reins of President Donald Trump‘s Immigration and Customs Enforcement operation in Minneapolis earlier this week. Before his arrival, federal agents had detained several children from an area school district.

Minnesota Gov. Tim Walz, Minneapolis Mayor Jacob Frey and Minnesota Attorney General Keith Ellison have met with Homan this week.

Homan said he “did not agree with everything” the local officials have said, but they did acknowledge ICE is a congressionally approved agency.

“What we did agree on is the community’s safety is paramount,” Homan said. “What we did agree upon is not to release public safety risks back into the community when they could be lawfully transferred to ICE.”

The Minnesota Department of Corrections has been working with ICE to identify and remove immigrants with criminal records, Homan added. He went on to clarify that he was referring to people who were already detained in the Minnesota prison system.

In regards to the fatal shootings of two Minneapolis-area residents Renee Good and Alex Pretti, both 37 years old, Homan said he will not comment or share his personal opinion. He only acknowledged that the federal operation in the city has not been “perfect” and he and Trump “have recognized that certain improvements could and should be made.”

Homan referred to anti-ICE protesters as “agitators,” and asked local officials to “tone down the dangerous rhetoric” and work with federal agents who are “performing their duties in a challenging environment.”

“They’re trying to do it with professionalism,” Homan said. “If they don’t, they’ll be dealt with. Like any other federal agency, we have standards of conduct.”

Homan later blamed the increase of federal agents in Minneapolis on “rhetoric” directed towards agents and the immigration operation.

“I said in March if the rhetoric didn’t stop there was going to be bloodshed,” Homan said. “And there has been. I wish I wasn’t right.”

Frey on Thursday acknowledged participating in “good and productive meetings” with President Donald Trump and Homan, but cautioned that “I will believe it when I see it” regarding improvements in immigration enforcement tactics in Minneapolis.

“They have talked about drawing down the numbers in terms of federal agents — ICE and Border Patrol — in Minneapolis, and that is essential,” Frey told media.

“The reality is we need Operation Metro Surge to end,” he said, adding that the operation did not make the city safer or reduce chaos.

He called the federal law enforcement effort an “invasion” of the city and said that he expects the “conduct to immediately change,” but did not address the conduct of protesters.