Minnesota
Minnesota Senate approves bills to rein in ICE agents
Anti-ICE demonstrators protest outside St. Cloud-area hotels. See video
Protesters on Jan. 12 voiced frustrations about Immigration and Customs Enforcement agents being in St. Cloud by protesting outside local hotels.
- The Minnesota Senate passed a package of bills in response to a large-scale ICE operation.
- The bills would allow Minnesotans to sue federal agents for constitutional violations in state court.
- The legislation also aims to ban federal immigration agents from schools and hospitals.
The Minnesota Senate on Monday approved a package of bills aimed at reining in U.S. Immigration and Customs Enforcement officers after more than 3,000 federal agents descended on Minnesota for what the Department of Homeland Security called its largest immigration enforcement operation ever.
Swarming groups of federal agents racially profiled and arrested people in the streets during Operation Metro Surge, which ignited massive resistance and resulted in the killings of Renee Good and Alex Pretti, two U.S. Citizens.
“All we want are safe communities and the fair treatment under the law,” said Sen. Ron Latz, DFL-St. Louis Park, and chief author of the bill package. “The way ICE agents and Border Patrol agents went about (immigration) enforcement was an absolute abuse of our Constitution. It contravened our constitutional principles. It was without warrants. It was stopping people without lawful basis. It was arresting people without probable cause. It just crossed so many constitutional lines.”
The Minnesota Senate is controlled by Democrats, who have made Operation Metro Surge recovery and accountability a top issue. The Minnesota House is deadlocked between Republicans and Democrats, and Republicans have largely opposed Operation Metro Surge-related bills this session. The legislative session ends on Sunday.
The bill passed 34-33 in the Senate with no Republican votes.
The package includes a bill to allow Minnesotans to sue federal agents in state court if their constitutional rights are violated.
For much of American history, people have had the ability to sue federal agents, but the U.S. Supreme Court has rolled back that precedent. The high court has suggested that only Congress can authorize lawsuits seeking money from federal officials.
Some legal scholars believe state legislatures, too, can authorize lawsuits against federal officials for violating the Constitution. The Illinois Legislature last year passed such a law, and the Trump administration promptly sued, arguing the Constitution’s supremacy clause limits states from enacting policies that conflict with federal law.
The Trump administration has said that federal agents have “absolute immunity” if they are conducting immigration enforcement. Legal experts say that immunity doesn’t extend to unreasonable or excessive use of force. Hennepin County Attorney Mary Moriarty charged one ICE officer with assault for allegedly brandishing a weapon and is weighing charges against the agents who killed Pretti and Good.
The package of bills also includes banning law enforcement from wearing face masks, and it creates a “civil right of action” in shootings in which a person can be held civilly liable if they shoot someone and fail to provide aid to the victim.
It also prohibits federal immigration agents from schools, hospitals, childcare centers and courthouses.
Senate Republicans say the package would cost taxpayers hundreds of thousands of dollars in potential litigation because the state will likely be sued. States cannot regulate immigration law, and Republicans argue the bill package does just that.
Minnesota Reformer is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.