As tensions rise after shooting, federal judge considering request to temporarily halt Operation Metro Surge

U.S. District Judge Kate Menendez said the matter is top priority.

The Minnesota Star Tribune
January 26, 2026 at 8:29PM
Minnesota Attorney General Keith Ellison attends a rally protesting ICE and Operation Metro Surge at Target Center in Minneapolis on Friday, Jan. 23. (Alex Kormann/The Minnesota Star Tribune)

Attorneys for the Justice Department and Minnesota squared off in federal court on Monday over the continued presence of immigration agents as part of Operation Metro Surge.

The high-stakes hearing in Minneapolis centered on Minnesota’s bid to halt the surge of federal immigration agents to the state — described by the Trump administration as the largest immigration enforcement deployment ever carried out. It comes as tensions continue to rise following the second killing of a U.S. citizen on a Minneapolis street by federal agents in less than three weeks.

Minnesota Attorney General Keith Ellison, Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her sued the Trump administration on Jan. 12 over the deployment, arguing the U.S. government violated the First Amendment by targeting Minnesota over speech by the state’s Democratic leaders and infringed on the state’s sovereignty.

Minnesota officials renewed a request for an expedited hearing to stop the operation over the weekend after federal agents shot and killed 37-year-old Alex Pretti on Nicollet Avenue in south Minneapolis.

Attorneys for the state said the operation has caused a number of disruptions, including a strain on police resources, school lockdowns over U.S. Immigration Customs and Enforcement activity near school property and local businesses shutting down over fear of employees being racially profiled or detained.

“Minnesota should not have to withstand another month, another week, another single day of the unlawful and unchecked invasion and occupation by thousands of federal agents,” said Assistant Attorney General Lindsey Middlecamp.

Attorneys for the state framed the deployment as a violation of Minnesota’s sovereignty.

Brian Carter, assistant attorney general for Minnesota, called the operation “unprecedented” and illustrated the deployment as an “army” that was sent “to basically stir the pot with conduct that is pervasive and includes widespread illegal violent conduct.”

U.S. District Judge Kate Menendez said it “goes without saying we are in shockingly unusual times,” and pressed the state on its argument that the operation violates the Tenth Amendment.

Carter repeatedly pointed to a letter during the hearing that he referred to as a “ransom note” from Attorney General Pam Bondi asking the state to repeal its sanctuary policies and hand over data on voter rolls, Medicaid and food stamp recipients.

Menendez raised the letter to Justice Department attorneys and asked if the goal of Operation Metro Surge is to change the state and cities’ policies that, among other things, limit what police may share with federal immigration agents.

“The goal is to enforce federal law,” replied Justice Department attorney Brantley Mayers.

Menendez said the note “really strongly suggests” that if the state follows the administration’s demands, the operation will end. Mayers said he could not commit to a specific number of officers leaving.

Mayers said there are 2,000 ICE agents in Minnesota and at least a few thousand border protection agents. Asked for a specific number, Mayers said he would provide the court with the number later.

At several points during the hearing, Menendez asked about comments by the Trump administration that she said indicated the influx of agents were deployed because of the state’s laws. She pointed to a previous post by President Donald Trump on Truth Social stating “GREAT PEOPLE OF MINNESOTA, THE DAY OF RECKONING & RETRIBUTION IS COMING.”

“What do I do with that?” she asked.

Mayers replied the comments do not “negate the fact that there is legitimate law enforcement activity going on in Minnesota.”

Mayers said Minnesota officials have not shown exactly when the “line was crossed” by federal agents when Menendez asked him what the state must prove in order for the court to issue any ruling that would block the operation.

“Plaintiffs don’t explain when Operation Metro Surge became a Tenth Amendment problem,” he said.

As the hearing came to a close, Sara Lathrop, an attorney for the city of Minneapolis, said the shooting of Pretti shows the “current situation is absolutely untenable.”

Menendez did not rule from the bench and cautioned against interpreting the time she takes as any indication of her thoughts on the importance of the issue.

“If I had a burner in front of the front burner, this would be on it,” she said.

In remarks outside the courtroom, Ellison said the state hopes for a ruling soon and that Menendez has a reputation for attention to detail. Assistant attorneys general said the lawsuit will proceed even if Menendez declines to order an immediate stop on the operation.

If that happens, Ellison said, his staff will go “right back to the drawing board.”

about the writer

about the writer

Sarah Nelson

Reporter

Sarah Nelson is a reporter for the Minnesota Star Tribune.

See Moreicon

More from News & Politics

See More
card image
Mark Schiefelbein/The Associated Press

Homan’s assignment comes amid reports that some federal immigration agents will soon be pulled out of Minnesota.

card image