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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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…
Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:
"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."
"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.
Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
BREAKING: A day after the Minneapolis shooting, Secretary Noem quietly signed a new policy barring congressional visits to ICE facilities without a week's advance notice.
MORE: DOJ says the batch of 1 million documents it recently unearthed appear to be largely duplicative "but nonetheless still need to undergo a process of processing and deduplication." storage.courtlistener.com/recap/gov.usco…
NEW: DOJ says it's barely scratched the surface of the massive trove of Epstein Files, with millions of documents still being reviewed for release even with hundreds of lawyers working on it full-time.
Smith was barred from discussing any nonpublic parts of his classified documents probe by Judge Cannon's order prohibiting DOJ from divulging any nonpublic info about it.
DOJ opted against having a lawyer present for Smith's deposition.