A federal judge has stated she will not pause the increased immigration enforcement efforts in Minnesota and the Twin Cities while a related lawsuit moves forward.
On Saturday, Judge Katherine M. Menendez rejected the preliminary injunction requested in a lawsuit filed earlier this month by Minnesota Attorney General Keith Ellison and the mayors of Minneapolis and St. Paul.
The lawsuit contends the Department of Homeland Security is violating constitutional safeguards. It sought an immediate order to stop the enforcement action or restrict its reach. Attorneys from the U.S. Department of Justice have labeled the lawsuit “legally frivolous.”
The injunction ruling centered on Minnesota officials’ claim that the federal government is breaching the Constitution’s 10th Amendment— which restricts federal powers from encroaching on state sovereignty. The judge’s decision leaned heavily on whether this claim was likely to prevail in the end.
The federal government asserted that the surge—dubbed Operation Surge—is necessary for its goal of removing criminal immigrants from the streets, and because state and local “sanctuary laws and policies” have impeded federal efforts. State and local officials countered that the surge is retaliation after the federal government’s initial attempts to force immigration cooperation failed.
“Since evidence supports both sides’ arguments regarding motivation, and the relative strengths of each side’s opposing stances are unclear, the Court is hesitant to conclude that the likelihood-of-success factor leans enough in favor of approving a preliminary injunction,” the judge stated in her ruling.
U.S. Attorney General Pam Bondi posted on social media Saturday to praise the ruling, describing it as “another HUGE” legal victory for the Justice Department.
Federal officers have fatally shot two individuals on Minneapolis streets: on Jan. 7 and
