The Minnesota lawsuit asks for an end to the surge in Minneapolis and Milwaukee and a block on similar actions in the future.
The state of Minnesota on Jan. 12 sued the federal government over its recent surge of Immigration and Customs Enforcement agents to the Twin Cities, arguing that the surge is “unconstitutional and unlawful.”
Illinois unveiled a lawsuit on similar grounds on Jan. 12.
The Minnesota lawsuit, which lists Department of Homeland Security (DHS) Secretary Kristi Noem as the lead defendant, was filed first. It asks courts to end the surge in Minneapolis and Milwaukee and block similar actions in the future.
“We allege that the obvious targeting of Minnesota for our diversity, for our democracy and our differences of opinion with the federal government is a violation of the Constitution and of federal law,” Minnesota Attorney General Keith Ellison said at a news conference on Jan. 12.
“We allege that the surge’s reckless impact on our schools, on our local law enforcement, is a violation of the 10th Amendment and the sovereign laws and powers … the Constitution grants to states.
“We allege that DHS’s use of excessive and lethal force, their warrantless racist arrests, their targeting of our courts, our churches, houses of worship, and schools are a violation of the Administrative Procedures Act on arbitrary and capricious federal actions.”
In a response to the Minnesota lawsuit, DHS said Ellison “is prioritizing politics over public safety.”
“It really is astounding that the Left can miraculously rediscover the Tenth Amendment when they don’t want federal law enforcement officers to enforce federal law—which is a clear federal responsibility under Article I, Article II and the Supremacy Clause—and then go right back to federalizing every state responsibility possible when they get back in power. Spare us,” Assistant DHS Secretary Tricia McLaughlin said in a statement.
“President Trump’s job is to protect the American people and enforce the law—no matter who your mayor, governor, or state attorney general is. That’s what the Trump administration is doing; we have the Constitution on our side on this, and we look forward to proving that in court.”
In its lawsuit against the federal government filed on Jan. 12, Illinois accused the administration of “[unleashing] an organized bombardment on the State of Illinois and the City of Chicago, causing turmoil and imposing a climate of fear.”
“Uniformed, military-trained personnel, carrying semi-automatic firearms and military-grade weaponry, have rampaged for months through Chicago and surrounding areas, lawlessly stopping, interrogating, and arresting residents, and attacking them with chemical weapons,” the state alleged in its lawsuit.
DHS didn’t immediately respond publicly to the Illinois suit.
This is a developing story and will be updated with additional information.
By Joseph Lord
