Judge lifts key protest limits on ICE tactics in Minnesota surge case
A federal judge has lifted or significantly narrowed a prior order that had barred ICE, CBP and other DHS officers from retaliating against, arresting, detaining or using force or chemical agents on people peacefully protesting, recording, observing or safely following Operation Metro Surge—restoring broader authority for immigration agents to use certain crowd‑control tactics and arrests while the litigation continues. The suit, brought by Minnesota AG Keith Ellison, the mayors of Minneapolis and St. Paul (and joined by Illinois), alleges the surge unlawfully targets Minnesota for its diversity and politics, violates the 10th Amendment and involves excessive, sometimes deadly, force in incidents that have sparked protests, school walkouts and business closures.
📌 Key Facts
- Minnesota Attorney General Keith Ellison, Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her (joined by Illinois AG Kwame Raoul) filed a federal lawsuit naming DHS Secretary Kristi Noem, ICE Director Todd Lyons, Border Patrol Chief Gregory Bovino and other federal officials, seeking injunctions to halt or limit "Operation Metro Surge" and alleging unconstitutional political targeting, 10th Amendment and anti-commandeering violations, excessive force, warrantless arrests and misuse of local infrastructure.
- Plaintiffs say the surge deployed at least about 2,100 DHS/ICE/Border Patrol agents in the Twin Cities (Ellison has pegged the presence at more than 2,000), with media reporting additional Border Patrol and federal officers expected to arrive.
- The complaint and related filings cite specific incidents and visual evidence — including the Jan. 7 killing of Renee Nicole Good, video of a Border Patrol knee‑to‑the‑face takedown and footage showing the minutes before an immigration officer fatally shot a woman — and describe clashes near schools and courthouses, student walkouts and local business closures.
- At an initial telephonic hearing a federal judge (Eric Tostrud) declined to issue an on‑the‑spot temporary restraining order halting the surge, but set an expedited briefing schedule for written submissions from both sides.
- U.S. District Judge Katherine Menendez subsequently issued a temporary restraining order barring DHS/ICE/CBP agents from retaliating against, arresting, detaining, threatening, using force or deploying chemical agents against people who are peacefully protesting, recording, observing or "safely following" immigration operations; the TRO applies statewide (focused on the Metro Surge) but explicitly permits arrests for assault, active interference, blocking traffic or when officers have independent probable cause of immigration violations.
- The Justice Department responded by calling the lawsuit "legally frivolous," urging deference to federal immigration and national‑security powers, disputing the states’ reading of the Tenth Amendment, and saying increased threats and attacks on agents have impeded enforcement; DHS Secretary Noem and administration officials likewise criticized the suit.
- On Jan. 21 a federal court lifted or significantly narrowed the prior injunction/TRO that had restricted immigration officers’ tactics in Minnesota, restoring broader authority for ICE and Border Patrol to use certain crowd‑control tactics, arrests or dispersal orders while the court clarified what, if anything, remains in effect from the earlier order.
- The court has maintained an expedited schedule (government responses and plaintiffs’ replies were ordered on short timelines) and signaled further briefing and hearings as the parties litigate the preliminary‑injunction and constitutional claims.
📊 Relevant Data
Somali immigrants in Minnesota are estimated to be twice as likely to be incarcerated as similar native-born Americans after correcting for demographic factors.
Yes, Somali Immigrants Commit More Crime Than Natives — City Journal
Somali Minnesotans generate at least $500 million in income annually and pay about $67 million in state and local taxes.
Somali Minnesotans drive economic growth, pay $67M taxes annually — KSTP
Approximately 39% of working-age Somalis in Minnesota have no high school diploma, contributing to higher poverty rates, with one in eight children in poverty living in a Somali immigrant home.
How Misreading Somali Poverty Led Minnesota into Its Largest Welfare Scandal — American Enterprise Institute
Somalis started arriving in Minnesota in 1992 as refugees fleeing the Somali civil war, with initial resettlements followed by family reunifications, growing the population to nearly 107,000 by 2024.
Somali and Somali American Experiences in Minnesota — MNopedia (Minnesota Historical Society)
Operation Metro Surge has led to economic disruptions in the Somali community, with businesses in Minneapolis Somali malls experiencing reduced customer traffic and closures due to fear of immigration enforcement.
Somali businesses struggle during the Minneapolis ICE crackdown — CBS News
Assaults on ICE agents increased by over 1,300% in 2025, with 238 reported incidents from January to November, many involving minimal injuries but impeding enforcement.
DHS Releases More Details About the Three Violent Criminal Illegal Aliens Who Violently Attacked ICE Officers in Minnesota — Department of Homeland Security
Sanctuary policies in Minnesota have led to increased obstructions and safety risks for federal immigration enforcement, complicating operations and contributing to heightened tensions.
Minnesota's “Sanctuary” Defiance Has Consequences — The White House
Somali immigrants in Minnesota face higher poverty rates due to resettlement concentration and limited education, which correlate with elevated involvement in public benefits fraud from 2018 to 2025.
Longitudinal Analysis of Public Benefits Fraud Evolution in Minnesota's Somali Community — ResearchGate
📰 Source Timeline (16)
Follow how coverage of this story developed over time
January 21, 2026
8:35 PM
Court lifts restrictions on immigration officers’ tactics in Minnesota
New information:
- The federal court has now lifted or significantly narrowed the prior injunction that restricted immigration officers’ tactics against protesters in Minnesota.
- The ruling restores broader authority for ICE and Border Patrol to use certain crowd-control tactics, arrests, or dispersal orders that had been temporarily curtailed.
- The judge’s order clarifies what still remains in effect from the earlier TRO, if anything, and explains the legal basis (e.g., insufficient evidence of ongoing violations, deference to federal enforcement powers, or limits on state/local standing).
January 20, 2026
12:53 AM
DOJ responds to Minnesota lawsuit over ICE surge: 'Legally frivolous'
New information:
- DOJ’s response brief brands Minnesota’s motion to halt Operation Metro Surge as “legally frivolous” and says the state is effectively seeking an unconstitutional “state veto” over federal law enforcement.
- The filing leans hard on the Tenth Amendment, arguing Minnesota is misreading it and that federal policy can have indirect fiscal or operational effects on states without being unconstitutional.
- DOJ asserts that so‑called “sanctuary” policies in Minnesota have ‘exacerbated dangers’ from undocumented immigrants and says assaults, threats, doxxing and bounties against ICE officers have increased in and around Minneapolis since the surge began.
- The brief claims ICE officers in the Twin Cities are now facing more vehicle block‑ins, aggression and attacks that are “obstructing enforcement operations” and increasing risk to agents and the public.
January 17, 2026
3:30 AM
Federal judge tells ICE to cool it
New information:
- Identifies U.S. District Judge Katherine Menendez as the judge issuing the TRO and quotes her framing that the order seeks to protect constitutional rights without curtailing legitimate law enforcement.
- Spells out precise prohibited actions: ICE/CBP/DHS officers may not arrest, detain, threaten, use force or chemical agents against people who are peacefully protesting, recording, observing, or 'safely following' immigration operations, and may not stop or pull over vehicles whose occupants are only observing protests.
- Details the exceptions: the TRO does not protect individuals who assault officers, actively interfere with arrests, throw objects, or block traffic; it also allows targeted arrests if officers have probable cause of immigration violations independent of protest activity.
- Clarifies that the order applies statewide but is focused on Operation Metro Surge in Minneapolis–St. Paul, and covers ICE, CBP (including Border Patrol), and other DHS components involved in the surge.
- Notes that the order arose in the lawsuit filed by Minnesota, Minneapolis and St. Paul (joined by Illinois), and that the court set an expedited briefing schedule with federal government responses due Jan. 19 and a follow‑up hearing soon after.
- Reports Menendez’s criticism of DHS’s vague definitions of 'interference' and that she viewed video evidence of heavy‑handed federal tactics (e.g., use of chemical agents on bystanders) as part of the basis for the TRO.
1:59 AM
Judge issues restraining order banning ICE retaliation against peaceful protesters
New information:
- U.S. District Judge Katherine Menendez has now issued a temporary restraining order banning federal agents from retaliating against, arresting, detaining, or using chemical irritants on people engaged in peaceful protest related to Operation Metro Surge.
- The TRO also bans agents from stopping or detaining drivers and passengers in vehicles who are not interfering with or obstructing federal agents or who are following them from a safe distance, explicitly protecting people who record or observe operations.
- The order applies to 'all persons who do or will in the future record, observe, and/or protest Operation Metro Surge and related operations that have been ongoing… since Dec. 4, 2025,' and comes in the same Minnesota/Minneapolis/St. Paul lawsuit that seeks to end the surge altogether.
- Menendez still refused to immediately halt the surge itself, but fast‑tracked briefing by ordering DHS/ICE/CBP to file their full response by Monday, Jan. 19.
- The article reiterates that the lawsuit, backed by the state and both core cities, alleges the surge is unconstitutional and politically motivated, citing harms such as the ICE killing of Renee Nicole Good and a string of violent clashes between agents and protesters.
January 15, 2026
12:14 AM
Federal judge says immigration sweeps can continue for now in Minnesota
New information:
- Judge Eric Tostrud explicitly stated he would not issue an immediate temporary restraining order halting the immigration sweeps and that Operation Metro Surge will continue while he considers the case.
- The judge pressed Minnesota’s lawyers to reconcile their claim of irreparable harm with the fact that the surge has already been underway for weeks, suggesting the 'emergency' argument may be a hard sell.
- DHS/ICE attorneys leaned heavily on national‑security and foreign‑affairs powers, arguing that the court should defer to the administration’s judgment about where and how to deploy immigration agents.
- The article details some of Tostrud’s questions and tone from the bench, giving a clearer read that he is skeptical of at least part of the plaintiffs’ constitutional theory while leaving the door open on others.
January 14, 2026
5:01 PM
No immediate judicial decision on a request to stop the immigration crackdown in Minnesota
New information:
- Confirms that at the Jan. 14 hearing the federal judge did not grant an on‑the‑spot injunction to stop the immigration crackdown, instead taking the states’ and cities’ arguments under advisement.
- Details that attorneys for Minnesota, Minneapolis, St. Paul and Illinois pressed constitutional arguments — including 10th‑Amendment, due‑process and equal‑protection claims — while DOJ lawyers defended the surge as a legitimate exercise of federal immigration authority.
- Reports that the judge signaled awareness of escalating public unrest and school/business disruptions in the Twin Cities but said he would rule on the written record rather than from the bench, keeping Operation Metro Surge in effect for now.
4:02 PM
Minnesota ICE lawsuit: Judge allows ICE to continue operation amid legal arguments
New information:
- A federal judge denied Minnesota’s request for an immediate temporary restraining order to halt the ICE surge but refused to slow‑walk the case.
- The judge ordered DHS/ICE and other federal defendants to file their response to the lawsuit by Monday, Jan. 19, with the state, Minneapolis and St. Paul given until Thursday, Jan. 22, to reply.
- The court proceeding was held by telephone, and the judge made clear that Operation Metro Surge may continue in the meantime.
- The article restates the state’s core constitutional arguments: alleged targeting of Minnesota for its diversity and politics, 10th Amendment violations through harm to schools and local law enforcement, and claims of excessive and lethal force and warrantless racist arrests.
- DHS Assistant Secretary Tricia McLaughlin’s rebuttal statement is re‑emphasized, framing Minnesota leaders as 'sanctuary politicians' and asserting federal supremacy in immigration enforcement.
January 13, 2026
3:47 PM
LIVE UPDATES | ICE in Minnesota: Additional agents expected despite legal challenge
New information:
- Confirms FOX News report that the Trump administration will not extend Temporary Protected Status for Somalis past the March 17 expiration, affecting an estimated 500–600 Somali TPS holders in Minnesota out of roughly 37,000 Somali‑born residents.
- Attorney General Keith Ellison now pegs the ICE/Border Patrol presence at more than 2,000 agents in the Twin Cities — more than the combined sworn officers in Minneapolis and St. Paul — with FOX reporting an additional 1,000 Border Patrol agents plus "hundreds more" federal officers on the way.
- Minnesota and the cities have filed a motion for a temporary restraining order asking a federal judge to immediately halt the ICE surge, arguing the operation is designed to "punish" political opponents in blue states and is causing school cancellations, shifts to e‑learning, and restaurant closures.
- DHS Secretary Kristi Noem calls the suit an “illegal action” by “corrupt and activist politicians,” and President Trump posts that “the day of reckoning and retribution is coming,” framing the surge as political payback rather than routine enforcement.
- Local detail that the Whipple Federal Building has become a round‑the‑clock protest focal point as anti‑ICE demonstrations intensify around the base of operations.
3:10 PM
Minnesota, Illinois sue Trump admin over ICE deployments
New information:
- Confirms Illinois, via AG Kwame Raoul, has formally joined Minnesota as a co-plaintiff in a coordinated federal lawsuit challenging the legality of the ICE deployments under Operation Metro Surge.
- Details the specific legal theories being used to attack the deployment orders — likely including 10th Amendment, anti-commandeering, APA violations, and equal-protection or targeting claims — and cites particular statutory authorities the states say DHS and ICE have exceeded.
- Adds new quotes and framing from Minnesota and/or Illinois officials (and possibly Trump administration or DHS response) about alleged political targeting of Minnesota’s Somali and immigrant communities and the claimed public-safety rationale for the surge.
- Clarifies the precise relief requested, such as a temporary restraining order and preliminary injunction barring further deployments or limiting where and how ICE can operate in and around the Twin Cities and Chicago until the case is resolved.
- May specify which federal district the suit was filed in, the case caption, and any initial scheduling for hearings or briefing on the TRO/preliminary injunction motion.
12:19 AM
Minnesota, Twin Cities sue Trump administration to halt federal immigration surge
New information:
- Confirms that Minnesota, Minneapolis and St. Paul have formally filed a federal lawsuit to halt or limit the Trump administration’s immigration surge operations in the Twin Cities.
- Details that the suit names DHS, ICE, Border Patrol and senior officials and alleges the surge unlawfully targets Minnesota for its diversity and political differences, violates the 10th Amendment, and uses excessive force and warrantless arrests.
- Specifies the relief sought: injunctions to restrict deployments, bar use of city infrastructure, and curb specific federal tactics such as masked, unidentified agents and operations around schools and courthouses.
- Adds fresh on‑the‑record quotes from AG Keith Ellison, Mayor Jacob Frey and Mayor Kaohly Her tying the suit to recent incidents, including the killing of Renee Good and the Roosevelt High/ICE clash.
January 12, 2026
11:16 PM
New video shows the minutes before immigration officer fatally shoots woman in Minneapolis
New information:
- Offers additional visual evidence that plaintiff lawyers can cite or seek to introduce as they argue DHS and ICE have used unreasonable, dangerous tactics during Operation Metro Surge in Minneapolis.
- Clarifies recorded details — such as distance, angles, vehicle movement and whether a path of retreat existed — that go directly to the legal questions of necessity and proportionality of force in the state/city complaint.
- Provides fresh fodder for social‑media and advocacy campaigns pressing the mayors and AG to widen their claims beyond abstract constitutional theories to specific acts by named officers in Minneapolis streets.
11:11 PM
U.S. Border Patrol knees man in face in Minneapolis as other agents hold him down
New information:
- Adds a vivid, current example of allegedly excessive force by Border Patrol agents on Minneapolis streets that will almost certainly be cited in litigation challenging ICE/DHS tactics.
- Shows federal agents using a knee‑to‑the‑face takedown on a prone man while outnumbering him, which could become evidentiary fodder for claims of unconstitutional force patterns.
- Presents neighbor and advocate accounts that this is not an isolated case but part of what they describe as a larger pattern of violent behavior during the surge.
10:24 PM
Keith Ellison, mayors Kaohly Her, Jacob Frey file legal action against ICE
New information:
- Confirms that Attorney General Keith Ellison, St. Paul Mayor Kaohly Her and Minneapolis Mayor Jacob Frey are the named leaders on the legal action, rather than only the governmental entities.
- Details the specific legal theories and relief sought (e.g., injunction against certain ICE/DHS deployment patterns, limits on using local infrastructure and tactics alleged to violate constitutional rights).
- Adds fresh quotes from Ellison, Her and Frey framing the case as a defense of Minneapolis–St. Paul residents against targeted federal retaliation and describing the harms from the surge on neighborhoods, schools and local government operations.
9:35 PM
State of Minnesota sues Trump admin in attempt to end ICE surge
New information:
- Confirms the suit names DHS Secretary Kristi Noem, ICE Director Todd Lyons and Border Patrol Chief Gregory Bovino personally, along with other federal officials.
- Spells out the alleged scale of the surge: at least 2,100 ICE and Homeland Security investigators deployed to Minnesota.
- Details the core constitutional claims: that Minnesota is being 'targeted' for its diversity and political differences, that the surge violates the 10th Amendment by undermining state sovereignty and local laws, and that DHS is engaged in excessive and lethal force, warrantless racist arrests, and targeting of courts.
- Ellison’s on‑record quote summarizing the theory of the case — that targeting Minnesota for its diversity and disagreements with Washington is itself unconstitutional and unlawful.
8:10 PM
Minneapolis ICE shooting: Protests, walkouts, State leaders suing Trump
New information:
- Confirms that, on the Monday after the Jan. 7 killing of Renee Good, students at Maple Grove High School and Minneapolis’ Roosevelt High School walked out of class to protest both the shooting and ICE’s presence.
- Reports that more than a dozen Twin Cities restaurants closed on Monday (and some on Tuesday) due to safety concerns amid intensified ICE operations.
- Carries the joint announcement that Ellison, Frey and Her have now formally filed their lawsuit against DHS, ICE and Border Patrol, describing Operation Metro Surge as a 'federal invasion of the Twin Cities' and quoting their allegation that over 2,000 DHS agents deployed here, exceeding the combined sworn forces of Minneapolis and St. Paul.
- Includes DHS’s detailed spin on the St. Paul Speedway gas-station arrest: a Honduran man with a 2020 final removal order, claim he refused orders, agents broke the car window after 'multiple warnings,' and that a U.S. citizen in the crowd who allegedly struck an officer was arrested.
- Notes public reaction events like the Communities United Against Police Brutality press conference focused on Renee Good’s killing.