Judge dismisses claims related to immigration raid in 2007

Last update: April 24, 2008 - 12:16 AM

A federal judge on Wednesday dismissed claims against the U.S. Department of Homeland Security included in a lawsuit that alleged its agents used improper tactics and unlawful search-and-seizure laws during a southwestern Minnesota immigration raid last year.

In a 37-page opinion, Judge Ann Montgomery granted a motion filed by attorneys for the government to dismiss the claims, on several grounds.

They include insufficient evidence by the Willmar area residents that they are under the threat of future harm during potential enforcement efforts by Immigration and Customs Enforcement agents.

Claims against the police chiefs of Atwater and Willmar and the Kandiyohi County sheriff were also dismissed.

The lawsuit was filed in April 2007 on behalf of 53 adults and their children, alleging that the misdeeds occurred during Operation Cross Check, conducted April 10-14 of last year.

The lawsuit claimed that agents did not present search warrants, used coercion, used false pretense by saying they were police officers, forced people to change out of their pajamas in front of agents and ignored the needs of nursing mothers.

Immigration officials countered that their tactics were legal and that they didn't need search warrants because they entered the homes with residents' permission.

Attorneys for the plaintiffs have until the end of the month to prove why they cannot provide additional evidence regarding claims against certain federal and local government officials.

ABBY SIMONS

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