Federal judge rules ICE agents in Minnesota illegally detained people based on racial profiling
On at least 23 occasions, federal agents in Minnesota detained people solely on the basis of their race during Operation Metro Surge. That's according to Federal Judge Eric Tostrud, who issued a ruling based on an ongoing lawsuit brought on by the American Civil Liberties Union of Minnesota.
"I conclude that Plaintiffs have made a clear showing that Defendants have adopted a policy authorizing federal immigration officers to conduct investigatory stops based on ethnicity or race without reasonable suspicion that the individuals were violating immigration laws," Tostrud said. "The evidence from individual encounters is compelling and troubling."
WCCO reviewed Tostrud's 110-page decision, which detailed 34 cases in which American citizens and immigrants, most of whom are in the country legally, claimed that they were victims of racial profiling.
While the judge found that Immigration and Customs Enforcement officers made stops based on other reasonable evidence in five of those cases, he ultimately stated that the Department of Homeland Security was engaging in unconstitutional practices.
However, the judge stopped short of issuing a preliminary injunction on these kinds of operations. Tostrud said that the plaintiff's side hadn't shown enough evidence to suggest that ICE would present a problem for them in the future, given most of them were not arrested a second time. Tostrud also pointed to ICE's drawdown and the evident end of the surge.
Catherine Ahlin-Halverson, a staff attorney with the ACLU working on the lawsuit, said that this aspect of the ruling was disappointing. With the lawsuit ongoing, she said that her team is prepared to carry on with litigation, encouraged by the judge's acknowledgement of ICE employing unconstitutional tactics.
"The court issued what we think is a significant and important decision," Ahlin-Halvereson said. "This is an important moment for accountability in Minnesota. It's because of the brave Minnesotans who stood up and told their stories."
After the ACLU filed the lawsuit in mid-January, there were two hearings held which included live testimony. Among those who testified was 20 year-old Mubashir Hussen, a Somali American who is a U.S. citizen. He was detained in early December, shown on camera trying to tell agents that he was an American citizen as he was arrested in the Somali-dominated Cedar-Riverside neighborhood of Minneapolis.
The federal government provided little by way of witness testimony in rebuttal, which the judge notes "leaves almost all of Plaintiff's declaration testimony undisputed."
Former U.S. Border Patrol commander Greg Bovino, who led Operation Metro Surge before losing that position in late January, is involved in one of the cases where Tostrud found evidence of racial bias. Bovino was there when ICE detained two Americans at a Target in Richfield. The 17-year-old detained is part of the lawsuit, who the judge concluded was detained only because he is Hispanic.
WCCO reached out to ICE for comment on Tuesday. On Friday morning, the agency provided the following statement:
"Allegations that DHS law enforcement engages in 'racial profiling' are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S.—NOT their skin color, race, or ethnicity. There are no "indiscriminate" stops being made. DHS conducts enforcement operations in line with the U.S. Constitution and all applicable federal laws without fear, favor, or prejudice. The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well."
