Judge lets Operation Metro Surge continue while taking Minnesota’s challenge under advisement
U.S. District Judge Eric Tostrud declined to issue an immediate temporary restraining order on Jan. 14, allowing Operation Metro Surge to continue while taking under advisement a lawsuit filed by Minnesota Attorney General Keith Ellison, Minneapolis Mayor Jacob Frey, St. Paul Mayor Kaohly Her (and joined by Illinois) and setting a briefing schedule for the defendants’ response and plaintiffs’ reply. The plaintiffs allege the deployment of more than 2,000 DHS/ICE/Border Patrol agents unlawfully targets Minnesota for its diversity and political views, violates the 10th Amendment and other constitutional protections, and involves excessive and warrantless tactics—claims DHS/ICE rejects as legitimate federal immigration enforcement amid protests, school walkouts and videos of alleged abusive encounters.
📌 Key Facts
- Minnesota Attorney General Keith Ellison, Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her (with Illinois later joining) filed a federal lawsuit challenging "Operation Metro Surge," naming DHS, ICE, Border Patrol and senior officials — including DHS Secretary Kristi Noem, ICE Director Todd Lyons and Border Patrol Chief Gregory Bovino — among the defendants.
- The complaint alleges the surge unlawfully targets Minnesota because of its diversity and political differences, violates the 10th Amendment and related anti‑commandeering principles, and involves unconstitutional practices including excessive and lethal force, warrantless and racially targeted arrests, and operations that undermine local schools, courts and government functions.
- Plaintiffs seek emergency relief (a temporary restraining order and preliminary injunction) to halt or limit deployments, bar use of local infrastructure and curb specific federal tactics cited in the suit — such as masked or unidentified agents and operations near schools and courthouses.
- The state and city filings quantify the operation’s scale: plaintiffs say at least about 2,100 ICE/Homeland Security investigators are deployed in the Twin Cities — more than the combined sworn officers of Minneapolis and St. Paul — and media reports say an additional 1,000 Border Patrol agents plus "hundreds more" federal officers were expected.
- The lawsuit cites concrete incidents and evidence — including the Jan. 7 killing of Renee Good, newly released video of an immigration officer fatally shooting a woman, a Border Patrol knee‑to‑the‑face takedown, school walkouts, business closures and sustained protests at the Whipple Federal Building — as illustrative of harmful tactics and community disruption.
- DHS and Justice Department lawyers have defended the surge as a lawful exercise of federal immigration authority, invoking national‑security and foreign‑affairs deference; DHS officials and the White House have publicly criticized the suit and framed it as politically motivated.
- On Jan. 14, U.S. District Judge Eric Tostrud held a telephone hearing, declined to issue an immediate temporary restraining order, and explicitly allowed Operation Metro Surge to continue while he takes the states’ and cities’ arguments under advisement and will rule on the written record.
- The court set a briefing schedule: federal defendants must file their response by Monday, Jan. 19, and the plaintiffs must file their reply by Thursday, Jan. 22; the judge pressed plaintiffs on their irreparable‑harm/emergency showing and indicated skepticism about portions of their constitutional theory while leaving other claims open.
📊 Relevant Data
Somali immigrants in Minnesota have a poverty rate of 37.5 percent among adults, compared to lower rates in the general population.
Somali Immigrants in Minnesota — Center for Immigration Studies
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
The poverty rate among Somali Minnesotans is 27.9 percent, with 31.2 percent receiving food stamps/SNAP benefits.
Latest Data on Somali Minnesotans 2024 — Empowering Strategies
Somali refugees began resettling in Minnesota in the 1990s, driven by the civil war in Somalia and U.S. refugee resettlement programs, making Minnesota home to the largest Somali diaspora in the U.S.
How Minnesota became a hub for Somali immigrants in the U.S. — NPR
Operation Metro Surge was launched in response to widespread fraud in Minnesota's social services, including a $300 million scandal involving Somali-run providers, enabled by pandemic-era waivers and relaxed oversight.
Anxiety grips Somali community in Minneapolis as ICE agents zero in — CNN
Somali recipients in Minnesota face language and cultural barriers that contribute to involvement in publicly funded program fraud.
A Somali-American former investigator: why you're hearing about fraud in my community — Minnesota Reformer
During Operation Metro Surge, ICE arrested more than 400 illegal aliens in Minnesota, including individuals with criminal records such as pedophiles and domestic abusers.
ICE Arrests Worst of the Worst Criminal Illegal Aliens During Operation Metro Surge — Department of Homeland Security
The billion-dollar fraud in Minnesota's social services was perpetuated mainly by Somali immigrants, linked to misreading of poverty and fears of appearing racist in oversight.
How Misreading Somali Poverty Led Minnesota into Its Largest Welfare Scandal — American Enterprise Institute
📰 Source Timeline (12)
Follow how coverage of this story developed over time
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.