Minneapolis Court Examines Constitutionality of Trump's ICE Agent Surge
A federal court in Minneapolis commenced hearings on Monday to determine whether the Trump administration's deployment of 3,000 Immigration and Customs Enforcement (ICE) agents to Minnesota constitutes an unconstitutional occupation of the state. The case, which centres on the 10th Amendment's reservation of powers to states, has gained urgency following recent fatal shootings involving federal agents.
Legal Challenge Against Operation Metro Surge
Lawyers representing Minnesota, alongside the cities of Minneapolis and St Paul, have filed a lawsuit arguing that Operation Metro Surge has become so intrusive and dangerous that it effectively amounts to an illegal occupation. They contend that the surge has terrified residents, jeopardised public safety, and severely hampered local officials' ability to perform essential duties, from neighbourhood policing to maintaining normal school operations.
The plaintiffs are urging US District Judge Kate Menendez, appointed by President Biden, to immediately halt the operation. Their legal submission states that the deployment has created an environment where basic municipal functions are being undermined by federal overreach.
Tragic Incidents Fuel Legal Urgency
The case, initially filed after the fatal shooting of Renee Good, took on renewed significance following Saturday's shooting death of Alex Pretti, a Minneapolis nurse and US citizen. Pretti was killed by federal agents while apparently filming an immigration operation, marking the third shooting involving federal agents this month alone.
Videos verified by the Guardian contradict portions of the Department of Homeland Security's official account of the incident. While the administration claims Pretti endangered agents and engaged in "domestic terrorism," noting he possessed a firearm for which Minneapolis officials confirm he was licensed, eyewitness statements present a starkly different narrative.
Contradictory Witness Accounts Emerge
One witness provided a sworn statement describing how Pretti was helping direct traffic and filming the immigration operation when an agent shoved another observer to the ground and pepper-sprayed both individuals. When Pretti attempted to assist the woman who had been knocked down, agents pulled him to the ground as well.
"Four or five agents had him on the ground and they just started shooting him. They shot him so many times," the witness wrote, adding that Pretti was seen holding a cellphone, not a firearm. "I have read the statement from DHS about what happened and it is wrong."
Political Motivations Alleged
The state's lawsuit argues that the surge is motivated primarily by a "desire to punish political opponents and score partisan points" rather than legitimate immigration enforcement needs. Importantly, the legal challenge does not seek to end all immigration enforcement in Minnesota but requests a return to pre-surge staffing levels and restrictions on how remaining agents conduct their operations.
Administration's Defence and Legal Precedent
Trump administration lawyers have dismissed the claims as lacking "a shred of legal support," describing the operation as lawful enforcement of immigration laws that has resulted in arrests of individuals convicted of serious crimes. "President Trump campaigned and won election on a promise to enforce immigration laws enacted by Congress," government lawyers wrote. "For the last year, DHS has delivered on that promise."
Judge Menendez has acknowledged that this case enters largely uncharted legal territory, with limited precedent for states challenging federal law enforcement on 10th Amendment grounds. However, Illinois has filed a similar lawsuit seeking to block immigration enforcement without express congressional authorisation, suggesting this legal question may gain broader national significance.
Pleading for Judicial Intervention
In a letter filed hours after Saturday's shooting, state and city lawyers emphasised the gravity of the situation, writing that "the situation is grave" and urging immediate judicial action. "This cannot continue. We need the court to act to stop this surge before yet another resident dies because of Operation Metro Surge."
The Minneapolis hearing represents a critical juncture in the ongoing tension between state authority and federal immigration enforcement, with potential implications for constitutional interpretation and the limits of federal power in domestic law enforcement operations.
