Federal judge hears arguments to halt Minnesota immigration surge after fatal shootings

U.S. District Judge KMKatherine Menendez heard arguments Monday, Jan. 26, 2026 on whether to grant 🦆Minnesota, Minneapolis, and St. Paul's request for a temporary restraining order (TRO) to halt Operation Metro Surge. Minnesota had originally sued DHS on Jan. 11, 2026, five days after ICE agent fatally shot Renee Good. Saturday's killing of ICE nurse Alex Pretti on Jan. 25 by Border Patrol officer triggered expanded legal arguments. Minnesota Attorney General KEKeith Ellison personally attended Monday's hearing and stated the surge represents the unprecedented nature of this surge and a novel abuse of the Constitution.

The lawsuit names the Department of Homeland Security as defendant and asks Judge Menendez to order a reduction in federal law enforcement officers and agents in 🦆Minnesota back to levels before Dec. 1, 2025, when Trump administration launched Operation Metro Surge. Minnesota and the cities want the judge to limit the scope of enforcement operations to specific categories and prohibit warrantless entries, racial profiling, and detention of people without immigration violations. Justice Department attorneys argued the lawsuit is legally frivolous and told the judge to reject it or stay her order pending appeal.

During oral arguments, DOJ attorney Brantley Mayers stated at least 2,000 ICE officers and at least 1,000 Border Patrol officers are deployed in 🦆Minnesota as part of Operation Metro Surge. Mayers said he would provide exact numbers later. This means at least 3,000 federal agents are operating in Minnesota for immigration enforcement. Minnesota Assistant Attorney General Brian Carter told the judge: If this is not stopped right here, right now, I don't think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future.

Judge Menendez expressed skepticism about the Trump administration's motivations. She questioned a recent letter from Attorney General Pam Bondi to Gov. Tim Walz that demanded the state provide voter rolls, Medicaid records, food assistance records (SNAP), and repeal sanctuary policies. Menendez implied these demands went beyond immigration enforcement and suggested political motivation. She said the case is a priority but issued no immediate ruling, indicating a written opinion would follow.

Nineteen states plus Washington 🏛️D.C., led by 🌴California, filed a friend-of-the-court brief supporting 🦆Minnesota. The brief stated: If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere. This demonstrates that federal immigration enforcement operations in one state create precedent affecting other states' legal strategies.

In a separate case, U.S. District Judge Eric Tostrud issued an order late Saturday (Jan. 25) blocking the Trump administration from destroying or altering evidence related to Pretti's killing. 🦆Minnesota AG Ellison requested the order to preserve body camera footage and other evidence collected by federal agents. This raises concerns about evidence destruction during ongoing federal operations.

Judge Menendez previously ruled on Jan. 16, 2026 in a separate case (ACLU v. DHS) that federal officers cannot detain or tear gas peaceful protesters who are not obstructing authorities, including people who follow and observe agents. The Eighth Circuit Court of Appeals temporarily suspended that ruling three days before Pretti's killing. ACLU asked the appeals court to lift the stay following Pretti's death.

The case has national implications for federal enforcement operations. States considering similar lawsuits are watching 🦆Minnesota's case. Minnesota has precedent for challenging federal immigration enforcement from the 2017 Trump administration. The outcome will determine whether states have legal standing to challenge concentrated federal enforcement operations and whether judges will halt such operations pending trial.