MINNEAPOLIS — A federal judge heard legal arguments Monday, Jan. 26, as she considers a temporary restraining order to pause the Department of Homeland Security’s “Operation Metro Surge” in the Twin Cities.
While representatives of the U.S. Attorney’s Office argued that the estimated 3,000 agents involved in the operation have been enforcing federal immigration laws, arguments from the Minnesota Attorney General’s Office claim the federal government’s surge of agents is violating the state’s rights under the Tenth Amendment and the anti-commandeering doctrine.
“We have between 3,000 and 4,000 agents who are engaged in systemic and pervasive illegal behavior,” said Brian Carter from the Minnesota Attorney General’s Office, alleging a pattern of excessive force, racial profiling and reckless driving by federal agents.
The intent of U.S. Attorney General Pam Bondi’s letter to Gov. Tim Walz over the weekend was a topic of much debate in the hearing. The letter was written Saturday, the same day 37-year-old Alex Pretti was shot and killed by federal agents in Minneapolis.
In the letter, Bondi alludes to the end of the operation if Minnesota handed over driver’s license records, voter information and other data, as well as ended the “sanctuary city” policies of Minneapolis and St. Paul.
“You and your office must restore the rule of law, support ICE officers and bring an end to the chaos in Minnesota," Bondi wrote. “Fortunately, there are common sense solutions to these problems that I hope we can accomplish together
Brantley Mayers, from the U.S. Attorney’s Office, argued that the surge is not a coercion for the state or cities to abandon those policies, but compensation for “the consequence of those policies.”
Bondi's letter also demands the state’s Department of Corrections cooperation on accessing undocumented people in custody. The DOC said it has always facilitated state-to-federal custody hand-offs.
The DOC recently launched a web page to counter what it claims is “misinformation” from the DHS arrest reports in Minnesota.
In a Monday news release, the DOC stated that many of the violent offenders DHS claims to remove from the streets of the Twin Cities were transferred to federal custody after serving state prison time.
“DHS is justifying an unprecedented federal deployment into Minnesota communities based on the demonstrably false narrative that Minnesota refuses to honor ICE detainers,” the release stated. “Minnesota DOC honors ICE detainers and coordinates custody transfers every day. Those transfers are documented, scheduled and verifiable.”
After nearly three hours of arguments, Menendez called for a recess and said she would issue a written opinion.
State, federal officials appear closer to compromise
Also Monday, President Donald Trump and Walz both confirmed they had a productive conversation regarding an end date to Operation Metro Surge, as well as investigations into the shooting deaths of two Minnesotans by federal agents.
“It was a very good call, and we, actually, seemed to be on a similar wavelength,” Trump wrote on Truth Social.
“The President agreed to look into reducing the number of federal agents in Minnesota and to talk to DHS about ensuring the Minnesota Bureau of Criminal Apprehension is able to conduct an independent investigation, as would ordinarily be the case,” Walz wrote on social media.
Trump’s “Border Czar” Tom Homan is slated to be in the state by Monday evening to manage ICE operations on the ground. Trump states Homan will report to him directly.
Homan is the former head of removal operations under Immigration and Customs Enforcement during the Obama administration and served as acting ICE director during the first Trump administration.
CNN reported Monday that U.S. Customs and Border Patrol top official Greg Bovino would soon be leaving the state, as would some of his agents.
Bovino was selected to lead highly visible mass deployments of federal law enforcement in Los Angeles, Chicago, Charlotte and New Orleans before his arrival to Minneapolis. In each of these cities, aggressive tactics by officers under his command drew heavy criticism from local officials.
