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Minnesota Sues ICE Over Operation Metro Surge Abuses

May 23, 2026 by Shanin Specter Leave a Comment

Multiple federal lawsuits challenge Operation Metro Surge, the Trump administration’s mass immigration enforcement operation that deployed approximately 3,000 armed federal agents to the Twin Cities beginning in December 2025. The operation killed two U.S. citizens, resulted in documented racial profiling of Somali and Latino Minnesotans, shut down schools and businesses, and inflicted an estimated $610 million in economic damage on Minneapolis and Saint Paul. A federal judge found in March 2026 that ICE adopted an unconstitutional policy of conducting investigatory stops based on race and ethnicity — on at least 23 documented occasions.

The lawsuits span multiple plaintiffs and legal theories. Minnesota Attorney General Keith Ellison and the cities of Minneapolis and Saint Paul filed the first case on January 12, 2026, in the U.S. District Court for the District of Minnesota, Case No. 0:26-cv-00190, challenging the entire operation as unconstitutional. The ACLU and ACLU of Minnesota filed a separate class action, Hussen v. Noem, on January 15, 2026, targeting racial profiling and warrantless arrests. Additional lawsuits challenge ICE enforcement near schools, detainee due process rights, and evidence tampering at the scene of the second civilian killing. All five cases remain active as of May 2026.

TL;DR — Quick Summary

  • What: Multiple lawsuits challenging Operation Metro Surge — the Trump administration’s mass ICE enforcement operation in Minnesota — for unconstitutional racial profiling, civilian deaths, Tenth Amendment violations, and denial of due process.
  • Who: Minnesota AG Keith Ellison, cities of Minneapolis and Saint Paul, ACLU, community members, school districts, and detainees vs. DHS Secretary Kristi Noem, ICE, CBP, and federal officials.
  • Status: Active — five separate cases ongoing; federal judge found racial profiling proven in March 2026; amended state complaint filed April 2026; Operation Metro Surge officially ended February 12, 2026.
  • Injuries: Deaths of Renee Good (Jan. 7) and Alex Pretti (Jan. 24), both U.S. citizens; warrantless arrests; racial profiling; $610M in business losses; $243M in lost wages; $11M+ in police overtime.
  • Settlement: None — lawsuits seek declaratory and injunctive relief and damages.
  • Eligibility: Individuals stopped, detained, or arrested by ICE or CBP during Operation Metro Surge based on race or without probable cause may have civil rights claims.
  • Key date: March 10, 2026 — Federal Judge Eric Tostrud finds ICE adopted unconstitutional racial profiling policy in Minnesota.

Minnesota ICE Operation Metro Surge lawsuit — federal agents and racial profiling civil rights case

Contents

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  • Lawsuit Timeline and Updates
    • December 2025 — Operation Metro Surge Begins
    • January 7, 2026 — ICE Agent Shoots and Kills Renee Good
    • January 12, 2026 — State and Cities File Federal Lawsuit
    • January 15, 2026 — ACLU Files Class Action on Racial Profiling
    • January 24, 2026 — Second U.S. Citizen Killed: Alex Pretti
    • January 31, 2026 — Court Denies Preliminary Injunction in State Case
    • February 12, 2026 — Operation Metro Surge Officially Ends
    • March 10, 2026 — Judge Finds ICE Adopted Unconstitutional Racial Profiling Policy
    • March and April 2026 — New Lawsuits, Amended Complaints, $610M Economic Damage
  • What the Lawsuits Allege
  • Who Was Targeted and How
  • The Killing of Renee Good
  • Economic Damage to Minnesota
  • The Administration’s Defense
  • What This Lawsuit Teaches Consumers
  • Frequently Asked Questions
    • What is the Minnesota ICE lawsuit about?
    • Who filed the lawsuits against Operation Metro Surge?
    • What did the federal court find about ICE’s conduct in Minnesota?
    • Who was Renee Good and why does her death matter to the lawsuit?
    • How much economic damage did Operation Metro Surge cause?
    • Did the courts stop Operation Metro Surge?
    • What legal theories do the lawsuits use?
    • Are the Minnesota ICE lawsuits still active?
    • Related posts:

Lawsuit Timeline and Updates

December 2025 — Operation Metro Surge Begins

In December 2025, the Trump administration launched Operation Metro Surge, deploying thousands of armed federal agents from ICE and Customs and Border Protection into the Twin Cities metropolitan area. DHS described the operation as targeting immigration enforcement and fraud related to the Feeding Our Future school food program, a major Minnesota fraud case that had been investigated since the first Trump administration.

Community members and local officials immediately reported aggressive tactics. Armed and masked federal agents conducted sweeps in residential neighborhoods, stopped people on the street, and targeted locations in predominantly Somali and Latino communities including the Cedar-Riverside neighborhood of Minneapolis. Reports of racial profiling emerged within days. In one documented incident, an ICE agent told a detained individual: “I can hear you don’t have the same accent as me.”

January 7, 2026 — ICE Agent Shoots and Kills Renee Good

On January 7, 2026, ICE agent Jonathan Ross shot and killed Renee Good, a 37-year-old American citizen, in Minneapolis. Federal authorities stated that Good had tried to drive her car toward officers. Community witnesses, video footage, and subsequent accounts disputed that characterization. Good’s car was stopped sideways in the street when Ross approached, walked around the vehicle, and other agents joined. When Good briefly reversed and then moved forward, Ross fired. Good died at the scene.

The killing immediately intensified opposition to the operation. Minneapolis Mayor Jacob Frey announced the city would investigate, and the Minneapolis Police Department began tracking overtime costs linked to the surge. By January 9, MPD officers had already accumulated more than 3,000 hours of surge-related overtime, at an estimated cost exceeding $2 million for a four-day period.

January 12, 2026 — State and Cities File Federal Lawsuit

Minnesota Attorney General Keith Ellison, joined by Minneapolis and Saint Paul, filed a federal lawsuit in the U.S. District Court for the District of Minnesota on January 12. The complaint alleged that Operation Metro Surge violated the First Amendment, the Tenth Amendment, the Constitution’s equal sovereignty guarantee between states, and the Administrative Procedure Act’s prohibition against arbitrary and capricious agency action.

The plaintiffs argued the operation was not primarily about immigration enforcement but was a form of political retaliation against Minnesota. They noted that Minnesota’s non-citizen undocumented immigrant population — roughly 1.5% of the state — is less than half the national average. States like Texas, Florida, and Utah have substantially higher undocumented immigrant populations but received no comparable surge of agents. The complaint quoted Trump directly: on January 9, he called Minnesota “corrupt” and “crooked” because its officials accurately reported election results that did not declare him the winner.

The lawsuit detailed the harm already documented: 76,000 residents too afraid to go to work or whose workplaces shut down; schools placed in lockdown; businesses reporting 50 to 80 percent revenue drops; local police spending thousands of overtime hours responding to surge-related incidents; emergency responders strained; and the fatal shooting of Renee Good by a federal agent five days earlier.

January 15, 2026 — ACLU Files Class Action on Racial Profiling

Three days later, the ACLU and ACLU of Minnesota, along with Covington and Burling LLP, Greene Espel PLLP, and Robins Kaplan LLP, filed a class action lawsuit in federal court on behalf of three named Minnesotans and a class of similarly situated people. The case, Hussen v. Noem, challenged ICE and CBP’s practice of conducting suspicionless stops, warrantless arrests, and racial profiling — arguing these violated the Fifth Amendment’s Due Process Clause and the Equal Protection guarantee.

The lead plaintiff, 20-year-old Mubashir Hussen, is a U.S. citizen of Somali descent. He was detained by masked ICE agents who refused to look at his U.S. passport card until after they had him in detention. He was also pepper-sprayed for recording federal agents as they drove past him. A second plaintiff, a Latino man, was tackled by Border Patrol agents, driven around in their vehicle, and left sobbing on the ground in a Walmart parking lot after agents finally examined his passport. A third Somali Minnesotan was detained along with his mother while he worked to shovel his car out to get to his overnight job as a personal care assistant.

January 24, 2026 — Second U.S. Citizen Killed: Alex Pretti

On January 24, 2026, a second American citizen, Alex Jeffrey Pretti, was fatally shot by federal agents in Minneapolis. The killing occurred amid ongoing enforcement activity and further escalated public outrage. A third shooting involving a Venezuelan man, Julio Cesar Sosa-Celis, had also occurred on January 14, after the FBI revealed that ICE had initially pursued him due to mistaken identity.

By late January, massive protests had swept Minnesota. On January 23, tens of thousands of Minnesotans demonstrated in subzero temperatures across the state. Hundreds of businesses closed in solidarity. A broader general strike movement emerged. President Trump announced the formal drawdown of Operation Metro Surge on February 12, 2026.

January 31, 2026 — Court Denies Preliminary Injunction in State Case

A federal judge denied the state and cities’ request for a preliminary injunction to immediately halt Operation Metro Surge on January 31, 2026. AG Ellison acknowledged the setback but was direct: the case was continuing. “This case is in its infancy and there is much legal road in front of us,” he said. The court found plaintiffs had made a showing of racial profiling and unconstitutional tactics but concluded that plaintiffs had not demonstrated the ongoing and imminent harm necessary for emergency injunctive relief, given the evident drawdown of federal agents.

February 12, 2026 — Operation Metro Surge Officially Ends

Trump administration border czar Tom Homan announced the formal end of Operation Metro Surge on February 12, 2026. ICE sightings by community monitors declined sharply in the weeks that followed. Enforcement activity continued in communities outside Minneapolis at a reduced pace, and enforcement flights decreased. The operation had resulted in the deaths of two American citizens, the shooting of a third man through mistaken identity, and the traumatization of an entire metropolitan region.

March 10, 2026 — Judge Finds ICE Adopted Unconstitutional Racial Profiling Policy

Federal Judge Eric Tostrud issued a landmark 110-page ruling in the Hussen v. Noem class action on March 10, 2026. His conclusion was clear: “I conclude that Plaintiffs have made a clear showing that Defendants have adopted a policy authorizing federal immigration officers to conduct investigatory stops based on ethnicity or race without reasonable suspicion that the individuals were violating immigration laws. The evidence from individual encounters is compelling and troubling.”

Tostrud reviewed 34 documented cases in which U.S. citizens and legal immigrants alleged racial profiling. He found that agents acted on legitimate other evidence in five cases. On 23 occasions, the evidence showed detention based solely on race or ethnicity. Among the documented incidents was one involving former Operation Metro Surge commander Greg Bovino, who was present when ICE detained two Americans — including a 17-year-old Hispanic boy — at a Target store in Richfield. The judge found that teenager was detained only because of his ethnicity.

The federal government provided almost no rebuttal witness testimony, which the judge noted “leaves almost all of Plaintiff’s declaration testimony undisputed.” Despite the finding, Tostrud declined to issue a preliminary injunction, concluding that plaintiffs had not shown a substantial risk of future harm given that most named plaintiffs had not been arrested a second time and the surge had wound down. The ACLU’s legal team called the ruling significant: a court-issued finding that ICE ran an unconstitutional racial profiling operation in Minnesota.

March and April 2026 — New Lawsuits, Amended Complaints, $610M Economic Damage

The state of Minnesota filed an amended complaint on April 20, 2026, expanding the legal theory to ask a court to declare Operation Metro Surge itself unlawful — not just specific conduct within it. The amended complaint reiterated Tenth Amendment violations, argued the surge was retaliatory political targeting of a Democratic state, and documented the full scope of economic harm.

According to the amended complaint, Operation Metro Surge caused combined business losses of $610 million in Minneapolis and Saint Paul: over $440 million in Minneapolis and more than $165 million in Saint Paul. The filing documented approximately $243 million in lost wages across the two cities, with $189 million in Minneapolis alone. Minneapolis police racked up over $6 million in overtime between January 7 and the end of March. Saint Paul police spent nearly $5 million directly tied to federal immigration activity between November 2025 and February 2026.

Separately, two Minnesota school districts — Duluth Public Schools and Fridley Public Schools — and the Education Minnesota teachers union filed suit in February 2026 challenging Trump’s 2025 policy change allowing immigration enforcement at K-12 school grounds. A federal judge declined on May 6 to immediately halt school-zone enforcement, but the case continues. A third additional lawsuit was filed by The Advocates for Human Rights on behalf of detainees at the Bishop Henry Whipple Federal Building, alleging Fifth Amendment due process violations including denial of phone calls, attorney access, and improper transfers. That case secured preliminary injunctions in February and March 2026; a pretrial conference is scheduled for May 18, 2026.

The Minnesota Bureau of Criminal Apprehension also sued federal officials over evidence tampering, alleging federal agents denied BCA investigators access to the scene of the second civilian killing, allowed potential evidence to be spoiled, then removed evidence and took it with them. Defendants had until May 21, 2026 to respond to that complaint.

What the Lawsuits Allege

The state and cities’ lawsuit rests primarily on three constitutional theories. First, the Tenth Amendment: the operation commandeered state and local law enforcement resources by forcing them to spend thousands of hours on surge-related public safety responses — policing the chaos created by federal agents rather than their normal duties. The Tenth Amendment reserves police powers to the states, and the plaintiffs argue the federal government cannot conscript state resources for federal enforcement without consent.

Second, equal sovereignty: the Constitution requires that states be treated equally by the federal government. The administration targeted Minnesota — with its below-average undocumented immigrant population — while leaving states with far higher percentages of undocumented residents untouched. Plaintiffs argue this disparity, combined with Trump’s explicit statements about Minnesota’s electoral outcomes, proves the operation was retaliatory rather than neutral enforcement.

Third, First Amendment retaliation: targeting a state because of how its officials exercised their constitutional duties — accurately certifying election results, advocating for immigrants’ rights, criticizing federal immigration policy — violates the First Amendment’s prohibition against viewpoint-based retaliation by the government.

The ACLU class action adds Fourth and Fifth Amendment claims. Warrantless arrests without probable cause violate the Fourth Amendment. Detention based solely on race or accent, without reasonable suspicion of any immigration violation, violates the Fifth Amendment’s Due Process Clause and the Equal Protection guarantee. Judge Tostrud’s March ruling confirmed on the evidence that this is precisely what occurred.

Who Was Targeted and How

The pattern of enforcement documented in court filings and the Tostrud ruling is consistent. Federal agents stopped people based on how they looked and how they sounded. The Somali community in Cedar-Riverside — Minneapolis’s largest Somali neighborhood — was disproportionately targeted. ICE agents detained men who were on their way to work, shoveling their cars, shopping at Target, or walking on the street. Several were U.S. citizens. Several were legal permanent residents. Several had no criminal history whatsoever.

In documented cases, agents refused to look at U.S. passports until after putting people in detention. Agents pepper-sprayed people for recording them in public. A teenage boy was detained at a retail store while shopping. The stated justification for the surge — the Feeding Our Future food fraud investigation — has been undermined by the resignation of six federal prosecutors from that case, including its lead attorney, in the aftermath of the civilian killings.

CasePlaintiffsCore AllegationStatus (May 2026)
State of Minnesota v. DHS (No. 0:26-cv-00190)AG Ellison, Minneapolis, Saint PaulOperation Metro Surge unconstitutional: 1st, 10th Amendment, equal sovereignty, APAAmended complaint filed April 20, 2026; ongoing
Hussen v. Noem (D. Minn.)ACLU class action on behalf of 3 named plaintiffs and classRacial profiling, warrantless arrests, 4th and 5th Amendment violationsMarch 2026 racial profiling finding; no injunction issued; ongoing
School districts / Education Minnesota v. DHSDuluth and Fridley Public Schools, Education MinnesotaICE enforcement near K-12 schools violates school-zone protection policiesPreliminary injunction denied May 6, 2026; case continues
The Advocates for Human Rights v. DHSDetainees at Bishop Henry Whipple Federal Building5th Amendment due process: phone calls, attorney access, transfer rightsPreliminary injunctions in force; pretrial conference May 18, 2026
Minnesota BCA v. NoemMinnesota Bureau of Criminal ApprehensionEvidence tampering at the scene of civilian killing; denial of BCA investigator accessFederal response due May 21, 2026; ongoing

The Killing of Renee Good

Renee Good’s death on January 7 became the defining event of the entire Operation Metro Surge controversy. She was 37 years old, an American citizen, stopped in her car in a Minneapolis street. ICE agent Jonathan Ross drove past, then walked back around the vehicle. Other agents joined. One leaned through Good’s open window. After she briefly reversed and began to move forward, veering toward oncoming traffic, Ross fired. She died at the scene.

Federal authorities characterized Good as a threat who tried to weaponize her vehicle against officers. Administration officials falsely described her as a domestic terrorist. Community members and witnesses disputed the federal account. Videos circulated online showing the encounter. Democratic politicians and civil rights groups demanded accountability. Jonathan Ross was not arrested, charged, or publicly disciplined. The lead prosecutors on the Feeding Our Future fraud case — the stated justification for Operation Metro Surge — subsequently resigned, with six attorneys departing that prosecution in the weeks following the killing.

The Hennepin County Attorney’s office opened a probe into 17 possible criminal incidents by federal agents during the surge. The killing of a second American citizen, Alex Pretti, on January 24 further intensified demands for accountability.

Economic Damage to Minnesota

The $610 million economic damage figure documented in the state’s April 2026 amended complaint captures only part of the surge’s economic impact. It covers business losses in Minneapolis and Saint Paul from the January through March 2026 period. It does not include the full costs to surrounding metro area communities, statewide economic ripple effects, or the long-term harm to affected businesses that permanently closed.

The mechanism of harm was fear. When thousands of armed federal agents in military gear swept neighborhoods without warning, hundreds of thousands of residents stopped going to work, to stores, to school. Employers lost workers. Businesses lost customers. Schools lost students. Minneapolis police canceled 1,000 vacation days and extended 500 shifts to manage surge-related calls, at a cost exceeding $6 million in overtime. Saint Paul police spent nearly $5 million managing federal immigration activity over four months. Those costs fell on city taxpayers, not the federal government that created them.

The Administration’s Defense

The federal government’s defense across all five lawsuits follows a consistent pattern. On the constitutional claims, DOJ argues that immigration enforcement is a federal prerogative that states cannot limit through litigation. Federal agents have the authority to enforce federal immigration law regardless of state objection. The political retaliation claims are denied: the administration characterizes Operation Metro Surge as legitimate law enforcement related to the Feeding Our Future fraud.

On the racial profiling claims, the government provided almost no witness testimony at the Hussen v. Noem hearings — a gap Judge Tostrud explicitly noted in his ruling. The administration described congressional oversight visits to Minneapolis ICE facilities as “circus-like publicity stunts” and challenged the legal standing of community organizations to sue. It has consistently framed all opposition to the surge as obstruction of lawful immigration enforcement.

The administration’s preemption argument on the school-zone case succeeded in defeating the preliminary injunction. The court found the Trump administration’s 2025 policy change reversing Obama-era protections for schools was within executive authority, even if its practical effects were severe.

What This Lawsuit Teaches Consumers

The Minnesota ICE lawsuits present a picture of what happens when federal enforcement power operates without adequate constraint, oversight, or accountability. Two American citizens were killed. A court found that federal agents ran a racial profiling operation that detained people based on how they looked and sounded. A major metropolitan economy lost more than $600 million in productive activity because residents were afraid to leave their homes. And the stated justification for the entire operation — the Feeding Our Future fraud case — lost six of its prosecutors in the aftermath of the civilian killings.

The pattern is familiar. Federal power deployed at speed, without clear targeting criteria, in communities selected at least in part for political reasons. The harms fall disproportionately on people who have the least ability to defend themselves: immigrants, communities of color, people without documentation who cannot safely report abuse. And the legal remedies available — civil rights lawsuits filed months after the harm occurred — cannot undo the deaths, the economic disruption, or the persistent trauma in affected communities.

What the litigation can do is establish an evidentiary record, hold officials accountable in court, and push toward legal standards that constrain future operations. Judge Tostrud’s racial profiling finding is exactly that kind of record. It documents, under oath, with cross-examination, that federal agents stopped people because of how they looked — not because of any evidence of wrongdoing. That finding will follow the administration into future enforcement debates, congressional oversight hearings, and any litigation that challenges similar operations elsewhere. For related context on how federal courts have navigated the boundaries of executive immigration enforcement authority, see our coverage of the ICE facility notice requirement lawsuit and the Pima County Sheriff ACLU case.

Frequently Asked Questions

What is the Minnesota ICE lawsuit about?

Multiple lawsuits challenge Operation Metro Surge, the Trump administration’s mass ICE enforcement operation in Minnesota that deployed thousands of federal agents, killed two U.S. citizens, documented racial profiling of Somali and Latino residents, and caused an estimated $610 million in economic damage to Minneapolis and Saint Paul.

Who filed the lawsuits against Operation Metro Surge?

Minnesota AG Keith Ellison and the cities of Minneapolis and Saint Paul filed the main state case. The ACLU filed a separate class action (Hussen v. Noem). School districts, detainee advocates, and the Minnesota BCA also filed related lawsuits.

What did the federal court find about ICE’s conduct in Minnesota?

Federal Judge Eric Tostrud ruled in March 2026 that ICE adopted a policy authorizing investigatory stops based on race or ethnicity without reasonable suspicion. He found at least 23 documented incidents of unconstitutional racial profiling during Operation Metro Surge.

Who was Renee Good and why does her death matter to the lawsuit?

Renee Good was a 37-year-old American citizen shot and killed by ICE agent Jonathan Ross on January 7, 2026 in Minneapolis. Her death became the defining event of the Minnesota ICE controversy and is central to arguments about excessive force and accountability.

How much economic damage did Operation Metro Surge cause?

Minnesota’s amended court complaint filed in April 2026 documents approximately $610 million in business losses across Minneapolis and Saint Paul, plus $243 million in lost wages and over $11 million in combined police overtime costs.

Did the courts stop Operation Metro Surge?

No court issued an injunction halting the surge. The operation formally ended February 12, 2026 when the administration announced a drawdown. Courts denied preliminary injunctions while finding evidence of racial profiling and constitutional violations.

What legal theories do the lawsuits use?

The state case argues violations of the First Amendment, Tenth Amendment, equal sovereignty of states, and the APA. The ACLU class action adds Fourth Amendment warrantless arrest claims and Fifth Amendment equal protection violations from racial profiling.

Are the Minnesota ICE lawsuits still active?

Yes. All five major cases remain active as of May 2026. The state filed an amended complaint in April 2026. The ACLU case and detainee due process case both have upcoming hearings. The BCA evidence-tampering case awaits the federal government’s response.

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Shanin Specter

About Shanin Specter

Shanin Specter is a nationally recognized trial lawyer, law professor, and legal commentator known for handling major litigation involving defective products, medical malpractice, aviation disasters, and corporate negligence. Over his career, he has secured numerous landmark verdicts and settlements while also contributing to public safety reforms and legal advocacy.

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Shanin Specter

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Shanin Specter is a nationally recognized trial lawyer, law professor, and legal commentator known for handling major litigation involving defective products, medical malpractice, aviation disasters, and corporate negligence. Over his career, he has secured numerous landmark verdicts and settlements while also contributing to public safety reforms and legal advocacy.

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