Judge Menendez Declines to Halt Operation Metro Surge, Citing Weak 10th Amendment Case Despite 'Heartbreaking' Impact
Judge Katherine M. Menendez denied Minnesota, Minneapolis and St. Paul’s motion for a preliminary injunction to halt or narrow Operation Metro Surge—an ICE‑led deployment of roughly 3,000 agents—finding the plaintiffs had not shown a likelihood of success on their 10th Amendment/commandeering claims, criticizing their lack of a clear metric for when federal assistance becomes unconstitutional and noting mixed evidence about DHS’s motives. She nonetheless described the operation’s effects as “profound and even heartbreaking,” citing shootings and community disruptions as the case proceeds, prompting anger from local leaders who called it an “invasion” and praise from Attorney General Pam Bondi on X.
📌 Key Facts
- Judge Kate M. Menendez formally denied Minnesota, Minneapolis and St. Paul’s motion for a preliminary injunction/temporary restraining order to halt or narrow Operation Metro Surge, allowing the operation to continue while the lawsuit proceeds; the ruling was described as an early-stage decision, not a final judgment on the underlying claims.
- Menendez held the plaintiffs failed to show a likelihood of success on their 10th Amendment/commandeering theory and said they had "provided no metric by which to determine when lawful law enforcement becomes unlawful commandeering," concluding they did not meet the high legal bar for preliminary relief.
- The judge said evidence "supports both sides' arguments as to motivation," making her "reluctant" to find Minnesota likely to prevail on claims that the operation is pretextual or retaliatory; the Department of Justice has called the Minnesota lawsuit "legally frivolous."
- Menendez relied in part on a recent Eighth Circuit decision vacating or staying a prior, narrower injunction limiting federal agents' use of force, reasoning that if that order "went too far" then completely halting the surge would go even further.
- Operation Metro Surge involves roughly 3,000 immigration agents (ICE, CBP and other federal personnel); DHS officials say the operation targets criminal immigrants whom local jails will not transfer and is legitimate law-enforcement activity.
- The judge acknowledged the operation has had "profound and even heartbreaking" consequences for Minnesota residents, citing multiple shootings (three people shot, two fatally reported), allegations of racial profiling and excessive force, and disruption to health care, businesses, schools and religious services.
- Plaintiffs say the surge is politically motivated retaliation for sanctuary policies and a pretext to access Minnesota voter rolls; local leaders and residents dispute the federal rationale and report fear, disruption and harm.
- Public reactions were sharply divided: Minneapolis Mayor Jacob Frey called the operation "an invasion" that has not improved public safety, while U.S. Attorney General Pam Bondi celebrated the ruling on X as "another HUGE" DOJ win.
📰 Source Timeline (7)
Follow how coverage of this story developed over time
- Confirms that Judge Katherine Menendez formally denied Minnesota’s request for a preliminary injunction to halt or narrow Operation Metro Surge while the lawsuit proceeds.
- Details the judge’s reasoning that plaintiffs had not shown a likelihood of success on their 10th Amendment claim, and that evidence on federal retaliatory motive versus legitimate enforcement needs was mixed.
- Notes Menendez’s reliance on the 8th Circuit’s recent stay of her prior use-of-force injunction, saying if that order went too far, fully halting the surge would go even further.
- Quotes the judge describing the surge’s impact as "profound and even heartbreaking," citing multiple shootings of residents and evidence of racial profiling and excessive force by ICE and CBP.
- Includes DOJ’s characterization of the Minnesota lawsuit as "legally frivolous" and U.S. Attorney General Pam Bondi’s celebratory reaction on X to the denial of the injunction.
- This article directly quotes Judge Katherine Menendez’s order that plaintiffs 'have provided no metric by which to determine when lawful law enforcement becomes unlawful commandeering,' sharpening how she rejected the 10th Amendment/commandeering theory.
- It includes Menendez’s statement that Operation Metro Surge 'has had, and will likely continue to have, profound and even heartbreaking, consequences' and that 'it would be difficult to overstate the effect this operation is having on the citizens of Minnesota.'
- It notes Attorney General Pam Bondi’s reaction on X celebrating the ruling and reiterating that sanctuary policies and litigation will not stop federal enforcement.
- The piece updates the casualty count tied to the surge to three people shot, two fatally, over the past month.
- It adds Minneapolis Mayor Jacob Frey’s new statement calling the operation 'an invasion' that 'has not brought public safety' and saying the decision 'doesn’t change what people here have lived through.'
- Confirms Judge Kate Menendez formally denied Minnesota, Minneapolis and St. Paul’s motion for a temporary restraining order to halt Operation Metro Surge, finding they failed to show a likelihood of success on the merits.
- Details Menendez’s reliance on a recent Eighth Circuit decision vacating a preliminary injunction that had restricted federal agents’ use of force on peaceful protesters, and her reasoning that if that narrower injunction 'went too far,' completely halting the operation would as well.
- Adds direct language from Menendez that evidence exists 'supporting both sides' arguments as to motivation' for the operation, making her 'reluctant' to find Minnesota likely to succeed on its 10th Amendment and pretext claims.
- Provides public reaction quotes, including Minneapolis Mayor Jacob Frey calling the surge 'an invasion' and saying it has brought 'fear, disruption, and harm,' and Attorney General Pam Bondi celebrating the ruling on X as 'another HUGE' DOJ win.
- Reiterates Minnesota’s core claims that Operation Metro Surge is politically motivated retaliation and a pretext to access Minnesota voter rolls, and that the massive federal agent presence has disrupted health care, harmed businesses, closed schools and chilled religious services.
- NPR piece provides Judge Katherine M. Menendez’s written reasoning that, because evidence supports both sides’ arguments about DHS’s motives, she is 'reluctant' to find Minnesota likely to succeed on its 10th Amendment claim for purposes of a preliminary injunction.
- The story explicitly notes DOJ lawyers have called the Minnesota lawsuit 'legally frivolous.'
- U.S. Attorney General Pam Bondi publicly lauded the ruling on X as 'another HUGE' legal win for DOJ, adding fresh on‑record reaction.
- The article restates that state and local plaintiffs framed Operation Metro Surge as unconstitutional retaliation for their sanctuary policies, while DHS argues the surge is needed to arrest 'criminal immigrants' whom local jails won’t transfer.
- Confirms that the judge has now formally denied Minnesota’s request for immediate relief, letting Operation Metro Surge continue while the case proceeds.
- Restates that the court found Minnesota and the two cities failed to meet the 'high legal bar' for a preliminary injunction against a federal law-enforcement operation.
- Reinforces that the ruling is framed as an early‑stage decision, not a final judgment on the underlying constitutional claims.
- Judge Kate M. Menendez formally denied Minnesota, Minneapolis and St. Paul’s motion for a preliminary injunction to temporarily block Operation Metro Surge.
- Menendez held that the plaintiffs failed to show the federal deployment of roughly 3,000 immigration agents violated the 10th Amendment or amounted to unconstitutional commandeering.
- Her opinion criticizes the states’ theory as offering no clear standard for when 'lawful law enforcement becomes unlawful commandeering,' quoting a prior courtroom exchange with Minnesota’s lawyer.