Lawsuit alleging ICE agents violated protesters' constitutional rights during Operation Metro Surge dismissed

A federal judge has dismissed a lawsuit that alleged U.S. Immigration and Customs Enforcement agents violated the constitutional rights of protesters in the Twin Cities during Operation Metro Surge.

The ACLU of Minnesota filed the lawsuit on behalf of nine people, a labor union and a news organization. Court documents said their First and Fourth Amendment rights were violated during the immigration enforcement campaign, which involved thousands of law enforcement agents coming to Minnesota "for the purpose of arresting undocumented immigrants." The operation began last December and Border czar Tom Homan said that it would be concluding in February.

The lawsuit said at least six of the individuals named as defendants "remained law abiding" when engaging in observations or protest of federal immigration enforcement activity in the Twin Cities, but were subjected to the use of chemical irritants, intimidation, detention and arrest. It asked for a declaration that acts by members of the Department of Homeland Security violated the First and Fourth Amendments and an order requiring defendants to expunge their records in connection with immigration enforcement in Minnesota.

In a court document filed on Friday, Homeland Security Secretary Markwayne Mullin and members of the federal agency named as defendants argued that the end of Operation Metro Surge earlier this year left the plaintiffs without legal standing and eliminated any active dispute before the court.

"Because OMS has ended, Plaintiffs simply cannot allege an imminent risk of harm necessary to pursue prospective injunctive relief," the document filed Friday said.

U.S. District Judge Katherine Menendez granted the motion to dismiss the lawsuit.

The ACLU of Minnesota said Monday afternoon that it was disappointed by the court's decision to dismiss the lawsuit and that the plaintiffs were "gravely harmed" by federal immigration enforcement.

"We will not stop fighting for them, and for everyone harmed by Operation Metro Surge, until the government answers for its violent, unconstitutional assault on Minnesotans," the organization said in a Facebook post.

The ACLU said it's reviewing the dismissal and assessing its next steps.

NOTE: The attached video first aired on Dec. 17, 2025.