HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Middlecamp casts Operation Metro Surge as violent by design, relying on displays of force and aggressive racial profiling that have terrified local residents and led to unnecessary confrontations.
Middlecamp says local businesses who have spoken out have faced "retaliatory" audits and some observers/protesters had Global Entry status revoked.
Hearing is turning heavily on AG Bondi's letter, which the state describes as an overt extortion attempt / "shakedown." That clear coercion, the plaintiffs say, is a violation of the 10th amendment and anti-commandeering law (harkening back to Obamacare rulings).
MENENDEZ says she's struggling to determine how to draw the line between legitimate efforts by the federal government to pressure states and illegal coercion. "What helps me decide when this very rarely used doctrine gives me the power to kick ICE out of the state?" she wonders.
MN argues that Trump admin is using Operation Metro Surge to leverage policy changes.
"They are not letting the courts work this stuff out. What they’re trying to get in court ... they’re trying to get that same thing by putting 3,000 heavily armed agents on the streets of Minnesota."
It seems clear that if Minnesota wins this fight, it will be because AG Bondi's letter explicitly linked the federal surge to the administration's desired policy goals.
For example, Bondi's first demand to end the ICE surge is "give us your SNAP data." The state says it's pretty clear you can't use presence of armed agents to coerce things like this. storage.courtlistener.com/recap/gov.usco…
Layer for MN: "The president of the United States said in the middle of this chaos and violence in the streets … he said 'Minnesota, your day of retribution is here.' That is crazy. How can that not violate legal sovereignty?"
UPDATE: Yet another ruling declaring an ICE detention in Minnesota illegal, this time a man who was dragged from his car by plainclothes ICE agents last week. It lands as Juge Menendez is weighing legality of Operation Metro Surge altogether. storage.courtlistener.com/recap/gov.usco…
MORE: Judge Menendez really hammering on AG Bondi's letter, which seems to suggest feds will dial down their presence if state bends to their policy goals.
"Is the executive trying to achieve a goal through force that it can’t achieve through the courts?" she asks DOJ.
UPDATE: Judge Tunheim in Minnesota blasts DOJ for racing to move an immigration detainee to Texas despite his order to keep the person in MN. This has become a repeat issue – ICE racing to move detainees out of state, which affects legal rights.
NEW: Trump's vow of "retribution" against Minnesota and AG Bondi's letter of policy demands fueled a federal judge's skepticism Monday about the lawfulness of Operation Metro Surge — but her ruling is far from certain.
@joshgerstein Judge Menendez expressed deep skepticism about her power to broadly order the end of Operation Metro Surge and how to police the line between appropriate law enforcement and an unconstitutional attack on state sovereignty. politico.com/news/2026/01/2…
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NEW: Judges are asking increasingly pointed questions about why ICE is detaining pregnant/nursing mothers — and whether a 2021 policy sharply restricting the practice remains in force.
They’ve ordered many released, warning of threats to safety/health.
The admin has told different judges different things re the policy. But outgoing spokeswoman Tricia McLaughlin did defend the treatment of pregnant women in their custody and added “being in detention is a choice.” Self-deportation, she said, is another.
ICE's policy to sharply limit detention of pregnant/nursing mothers was adopted in 2021. It says ICE shouldn't detain pregnant/nursing mothers unless there are "exceptional circumstances." What are exceptional circumstances? Threats to life or national security. politico.com/news/2026/02/1…
Some people do Friday Zillow. We do Friday habeas. Here are some cases of people who have been detained by ICE and ordered released by judges who said the detention was illegal. storage.courtlistener.com/recap/gov.usco…
Mexican man with no criminal history and six US citizen kids.
BREAKING: The Trump administraiton has committed a mass violation of ICE detainees' constitutional rights in MN, effectively blocking their acess to attorneys in the Whipple building, a judge ruled tonight.
NEW: A federal judge excoriated the Trump administration for claiming it lacked the resources to give ICE detainees constitutionally required access to lawyers — despite surging law enforcement to detain them in the first place.
The rebuke came as the administration also dropped criminal charges against two men it claimed had attacked an ICE officer, who fired a gun in the fracas. “Newly discovered evidence” conflicted with the original headline-grabbing account, DOJ said. politico.com/news/2026/02/1…
NEW: Federal judges are increasingly furious at what they see as a pattern / playbook of defiance by the Trump administration to court orders in immigration cases — in Minnesota and around the country.
1) WHISKING DETAINEES TO OTHER STATES: ICE has made a practice of pinballing people from where they're arrested to facilities in Texas, New Mexico or elsewhere, and sometimes more than once. It can complicate or defeate challenges to their detention.
2) BLOWING OFF DEADLINES: When detainees sue for release, the administration is increasingly blowing off court-ordered deadlines to response. It's become almost routine and has led judges to order release in some cases. politico.com/news/2026/02/1…
Two men were recently charged with assaulting an immigration officer in MN with a snow shovel and broom, which led to a shooting ICE claims was defensive. The case made national headlines.
The men moved in court earlier in this week to prevent ICE from deporting witnesses who they say can rebut the charges. Their trial judge, Paul Magnuson, agreed.
However...
One of the witnesses, a 19-year-old woman who appears to be the partner of one of the defendants, was apparently picked up by ICE the same day as the incident and transported first to Texas and then to New Mexico.
Today, a judge in New Mexico noted demanded details about the woman's detention, noting that MN offered her a U visa for witnesses to a criminal investigation and that she's being held under mandatory detention policies that most judges – including Judge Strickland – have ruled unlawful.
UPDATE: Judge Strickland in New Mexico has now further enjoined DHS from relocating or deporting the witness.
MEANWHILE: Judges in Minnesota continue rejecting the administration's efforts to lock up ICE's targets en masse. This man has been in the US since 1988 and says he's been approved for a green card.
What may be most notable, however, is the increasingly lengthy list of requirements in the judge's order — each responsive to recent violations or transgressions by the administation, such as releasing MN residents in Texas with no way to get home to withholding their possessions
In another release order, Judge BARTLE — a George W. Bush appointee in Pennsylvania — vented today that ICE "continues to act contrary to law, to spend taxpayer money needlessly, and to waste the scarce resources of the judiciary." storage.courtlistener.com/recap/gov.usco…