The Trump administration urged a judge to reject Minnesota’s request for an immediate order halting the recent escalation of federal immigration enforcement in the state, accusing local authorities of wrongly trying to exercise a “veto” over the US government.
In a court filing Monday evening in Minnesota, Justice Department officials called the state’s push for swift judicial intervention “frivolous” and argued it was “nonsense” that the administration is infringing on the state’s authority to govern and police its citizens.
“Nothing in the Constitution remotely countenances this absurdity, which would render the supremacy of federal law an afterthought to local preference,” Justice Department lawyers wrote.
Thousands of federal agents have been sent to the state since December, ramping up immigration arrests and clashing with protesters amid an outpouring of opposition. The government’s filing didn’t directly address the Jan. 7 fatal shooting of Renee Good by an Immigration and Customs Enforcement officer, which the state cited in asking a judge to quickly intervene.
The Justice Department highlighted threats and violence against federal officers in recent weeks, and argued that expelling them from the state or imposing new restraints on their conduct would put public safety at risk.
Minnesota — joined by the Twin Cities Minneapolis and St. Paul — sued the administration last week. They asked US District Judge Katherine Menendez for at least a temporary order broadly pausing what the Trump administration has labeled Operation Metro Surge.
The state and local officials also specifically asked the judge to block federal immigration arrests at “sensitive” places such as churches, schools and hospitals, arguing that those interfere with their “ability to ensure the health, education, and safety of their residents.”
Menendez hasn’t announced how fast she intends to rule. The state can respond to the government by Jan. 22.
In addition to contesting the lawfulness of the immigration enforcement operation, Minnesota’s complaint challenges the use of force against demonstrators by federal agents and their practice of wearing face coverings or shielding identifying information.
Last week, Menendez in a different case entered an order restricting the tactics that US officers can use and imposing limits on when they can arrest people peacefully protesting.
The Justice Department filed a notice earlier on Monday that is appealing Menendez’s order.
Meanwhile, US officials have been taking steps to escalate the federal law enforcement presence in Minnesota and potentially send military personnel to Minneapolis, Bloomberg News has reported.
The case is Minnesota v. Noem, 26-cv-190, US District Court, District of Minnesota .
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