Minnesota judge won't issue restraining order to stop ICE operations in state, for now
A judge on Wednesday morning declined to issue a temporary restraining order against U.S. Immigration and Customs Enforcement operations in Minnesota, seeking further evidence before issuing a ruling.
The state of Minnesota on Monday announced it was suing Department of Homeland Security Secretary Kristi Noem and other federal officials in an effort to stop the surge of federal law enforcement officials coming into the state.
The 80-page lawsuit from Minneapolis, St. Paul and the state of Minnesota argues the ICE raids have brought danger and fear to the streets of the Twin Cities.
During Wednesday's hearing, Judge Kate Menendez heard from attorneys representing both parties in the suit. The plaintiffs asked the judge to issue a temporary restraining order, claiming that the ICE surge and raids are continuously violating the rights of citizens. They argued that a temporary restraining order would provide attorneys with sufficient time to prepare their arguments. The plaintiffs sought a two-week restraining order.
Federal lawyers argued an order to stop the raid temporarily isn't necessary because the state hadn't proven anything.
"The situation is escalating," said assistant U.S. Attorney General Brian Carson. "Defendants have sent now nearly 3,000 masked heavily armed agents to the site, to the Twin Cities and they are engaged in a pattern of unlawful violent conduct, illegal racial profiling, excessive force, warrantless force, entries into home and they are openly flaunting state criminal code."
Menendez said her decision Wednesday did not necessarily indicate she has an opinion on the case as of yet, or that she harbored any preconceived ideas about whether these raids are a violation of constitutional rights, as the plaintiffs have said.
"I think the issues are really important and I don't want to suggest by not acting immediately one way or the other that I think they are unimportant," Menendez said. "To the contrary, I understand this is important to everybody."
The federal prosecutor asked if that date could be postponed because of the Martin Luther King Jr. Day holiday. Menendez denied the request, saying it could not be delayed because this case is too important to too many people.
The federal government has until Jan. 19 to respond, and the state of Minnesota has until Jan. 22.
Legal analyst Joe Tamburino said the lawsuit is seeking something unprecedented.
"What they're asking is that the federal government cannot use their law enforcement authority in a city," Tamburino said. "It would be like asking the federal court to bar the FBI, the ATF, the U.S. Marshal Service, Secret Service."
Former President Joe Biden appointed Menendez to the federal bench in 2021.
CBS News has confirmed there are now nearly 3,000 federal agents on the ground in Minnesota. Homeland Security says it has made roughly 2,500 arrests since Operation Metro Surge began in December.
