A federal judge began hearing arguments Monday on whether she should halt, at least temporarily, the immigration crackdown in Minnesota that has led to the fatal shootings of two people by government officers.
The state of Minnesota and the cities of Minneapolis and St. Paul sued the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs officer. The shooting of Alex Pretti by a Border Patrol officer on Saturday added urgency to the case.
In other developments, President Donald Trump said he had a “very good” call with Minnesota Gov. Walz about the latest Minneapolis shooting and that they are now on a “similar wavelength.” It was an abrupt shift from Trump, who frequently derides Walz for his actions on immigration issues in Minnesota.
During arguments before U.S. District Judge Katherine Menendez, lawyers for the state and the Twin Cities argued that the situation on the street is so dire as to require the court to halt the federal government’s immigration enforcement actions.
“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,” Minnesota Assistant Attorney General Brian Carter said.
The Justice Department’s attorneys were set to speak later Monday.
Menendez asked attorneys for the state and the cities where she should draw the line between a legitimate law enforcement response and one that violates the Constitution. She questioned whether the state and city arguments would require her to decide policy differences between the president and Minnesota.
Trump also said he would send border czar Tom Homan to Minnesota. The president’s statement comes after Homeland Security Secretary Kristi Noem and Border Patrol Commander Gregory Bovino, who has become the public face of the crackdown, answered questions at news conferences over the weekend about Pretti’s shooting. Trump posted on social media that Homan will report directly to him.
Since the original court filing, the state and cities have substantially added to their request in an effort to restore the conditions that existed before the Trump administration launched Operation Metro Surge in Minnesota on Dec. 1.
The lawsuit asks the judge to order a reduction in the number of federal law enforcement officers and agents in Minnesota back to the level before the surge and to limit the scope of the enforcement operation.
Justice Department attorneys have called the lawsuit “legally frivolous” and said Minnesota “wants a veto over federal law enforcement.” They asked the judge to reject the request or to at least stay her order pending an anticipated appeal.
Democratic Minnesota Attorney General Keith Ellison said during a news conference Sunday that the lawsuit is needed because of “the unprecedented nature of this surge. It is a novel abuse of the Constitution that we’re looking at right now. No one can remember a time when we’ve seen something like this.”
It is unclear when the judge might rule.
The case has implications for other states that have been or could become targets of ramped-up federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia, led by California, filed a friend-of-the-court brief supporting Minnesota.
“If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere,” the attorneys general wrote.
Menendez ruled in a separate case on Jan. 16 that federal officers in Minnesota cannot detain or tear gas peaceful protesters who are not obstructing authorities, including people who follow and observe agents.
An appeals court temporarily suspended that ruling three days before Saturday’s shooting. But the plaintiffs in that case, represented by the American Civil Liberties Union of Minnesota, asked the appeals court late Saturday for an emergency order lifting the stay in light of Pretti’s killing.
The Justice Department argued in a reply filed Sunday that the stay should remain in place, calling the injunction unworkable and overly broad.
In yet another case, a different federal judge, Eric Tostrud, issued an order late Saturday blocking the Trump administration from “destroying or altering evidence” related to Saturday’s shooting. Ellison and Hennepin County Attorney Mary Moriarty asked for the order to try to preserve evidence collected by federal officials that state authorities have not yet been able to inspect.
A hearing in that case is scheduled for Monday afternoon in federal court in St. Paul.
“The fact that anyone would ever think that an agent of the federal government might even think about doing such a thing was completely unforeseeable only a few weeks ago,” Ellison told reporters. “But now, this is what we have to do.”
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This story has been corrected to show the judge’s name is Katherine Menendez, not Kathleen.
—Steve Karnowski, Associated Press
Associated Press reporter Jack Brook contributed to this article.