US Department of Justice Slams Minnesota Lawsuit Challenging ICE Surge as "Legally Frivolous"
In a scathing response to a lawsuit filed by the state of Minnesota, Minneapolis, and St. Paul, the US Department of Justice has labeled claims that an immediate stop to the recent surge of US Immigration and Customs Enforcement (ICE) agents in the state as "legally frivolous". The DOJ's filing with the US District Court in Minnesota argues that the plaintiffs' motion for a temporary injunction is without merit.
According to the memo, the plaintiffs' 10th Amendment claims have no basis in law. The Tenth Amendment at the heart of their arguments is distinct from the one stated in the Constitution and does not confer states with the power to veto federal action justified under enumerated powers. The DOJ maintains that federal agents are enforcing federal immigration law, not Minnesota state law.
The lawsuit alleges that federal agents have engaged in unlawful conduct, including warrantless arrests, citing an incident where a federal agent entered a restaurant without a warrant. However, the DOJ disputes this claim, stating that defendants are acting within their authority to enforce federal immigration law.
Judge Katherine Menendez is considering granting an immediate temporary restraining order limiting ICE activities, despite it being Martin Luther King Jr. Day, a federal holiday. The judge previously declined to issue such an order until she heard from the federal government.
The lawsuit argues that the surge of federal agents poses a threat to public safety and infringes on state and local police powers. In response, the DOJ asserts that the presence of federal agents is necessary to maintain law and order in the area.
In a scathing response to a lawsuit filed by the state of Minnesota, Minneapolis, and St. Paul, the US Department of Justice has labeled claims that an immediate stop to the recent surge of US Immigration and Customs Enforcement (ICE) agents in the state as "legally frivolous". The DOJ's filing with the US District Court in Minnesota argues that the plaintiffs' motion for a temporary injunction is without merit.
According to the memo, the plaintiffs' 10th Amendment claims have no basis in law. The Tenth Amendment at the heart of their arguments is distinct from the one stated in the Constitution and does not confer states with the power to veto federal action justified under enumerated powers. The DOJ maintains that federal agents are enforcing federal immigration law, not Minnesota state law.
The lawsuit alleges that federal agents have engaged in unlawful conduct, including warrantless arrests, citing an incident where a federal agent entered a restaurant without a warrant. However, the DOJ disputes this claim, stating that defendants are acting within their authority to enforce federal immigration law.
Judge Katherine Menendez is considering granting an immediate temporary restraining order limiting ICE activities, despite it being Martin Luther King Jr. Day, a federal holiday. The judge previously declined to issue such an order until she heard from the federal government.
The lawsuit argues that the surge of federal agents poses a threat to public safety and infringes on state and local police powers. In response, the DOJ asserts that the presence of federal agents is necessary to maintain law and order in the area.