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Minnesota ICE surge upheld as judge finds 'balance of harms' lacking

The surge of immigration agents into Minnesota can continue, a federal judge ruled on Saturday.

Why it matters: The decision is a win for the Trump administration, which has argued that "Operation Metro Surge" has "succeeded" with thousands of arrests.


  • The decision, from U.S. District Judge Katherine Menendez, comes just days after 37-year-old Minneapolis nurse Alex Pretti was shot and killed by federal agents.

What she's saying: "Ultimately, the Court finds that the balance of harms does not decisively favor an injunction," the judge said.

  • Menendez noted that plaintiffs "made a strong showing" that Operation Metro Surge "will likely continue to have, profound and even heartbreaking, consequences."
  • She said, "Additionally, there is evidence that ICE and CBP (border patrol) agents have engaged in racial profiling, excessive use of force, and other harmful actions."
  • "However, those are not the only harms to be considered," the judge later added.

State of play: The lawsuit, filed earlier this month by the state of Minnesota and lawyers for St. Paul and Minneapolis, alleged that Operation Metro Surge was fueled by the administration's "desire to punish political opponents and score partisan points."

  • The suit argues that the federal crackdown violates the Tenth Amendment, claiming it infringes on state authority and amounts to coercion.
  • Minnesota officials say the surge has terrified residents and interfered with local and state officials' ability to serve constituents.

Minneapolis Mayor Jacob Frey again pushed for the deportation operation to end in a news release Saturday after the judge's order.

  • "This operation has not brought public safety," he said. "It's brought the opposite and has detracted from the order we need for a working city. It's an invasion, and it needs to stop."
  • The city added in the release that it "will continue to pursue the lawsuit to hold the Trump administration to account."

Worth noting: The suit did not seek to end all immigration enforcement in the state but rather targets the "unprecedented surge," as noted by The New York Times.

The other side: The federal government has dismissed the state's argument as "absurdity" and "legally frivolous."

  • "The Tenth Amendment does not afford an ejectment action for States who are dissatisfied with the federal government's enforcement of federal law," it said.
  • Homeland Security Secretary Kristi Noem called the judge's decision "a win for public safety and law and order," in a statement on X.

Go deeper: Where the Minnesota crisis stands in the courts

Editor's note: This story has been updated with statements from DHS and the Minneapolis mayor.

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