A federal judge ruled that Washington may enforce immigration law directly but cannot compel Minnesota and its local governments to use their personnel or resources to assist federal authorities.
By yourNEWS Media Newsroom
A federal judge appointed by President Donald Trump dismissed the administration’s lawsuit challenging Minnesota laws, constitutional interpretations and local policies that restrict cooperation with federal immigration enforcement.
Chief U.S. District Judge Eric C. Tostrud granted the defendants’ motions to dismiss in a 56-page ruling issued Monday, rejecting claims that Minnesota and several local governments were unlawfully interfering with the work of U.S. Immigration and Customs Enforcement.
The case, United States v. State of Minnesota et al., named Minnesota, Attorney General Keith Ellison, Minneapolis, St. Paul, Hennepin County and Hennepin County Sheriff Dawanna S. Witt as defendants.
The Justice Department argued that the state and local measures created an unlawful obstacle to federal immigration enforcement by restricting assistance, information-sharing and detention practices involving people sought by immigration authorities.
Among its claims, the department challenged Ellison’s interpretation of the Minnesota Constitution as it relates to requests from ICE that local authorities continue holding individuals after they would otherwise be eligible for release.
Federal officials also challenged state statutes limiting the disclosure of certain immigration-related information to federal agencies.
The lawsuit further targeted Minneapolis and St. Paul ordinances restricting the circumstances under which local police and other municipal employees may participate in federal civil immigration enforcement.
Hennepin County and Witt were accused of unlawfully refusing to keep individuals in custody solely because ICE had issued an immigration detainer.
An ICE detainer generally asks a state or local detention facility to notify federal authorities before releasing a person and, in some circumstances, to maintain custody temporarily so federal agents can take that person into immigration custody.
Tostrud concluded that the federal government’s authority over immigration did not give it the power to require state and local governments to administer federal enforcement priorities using their own employees, facilities or financial resources.
His ruling relied substantially on the Constitution’s anti-commandeering principle, which limits the federal government’s ability to direct states or their political subdivisions to implement federal regulatory programs.
The judge found that many of the Justice Department’s preemption arguments would effectively require Minnesota and its local governments to carry out federal immigration responsibilities.
Under the federal government’s theory, the court said, state and local authorities could be obligated to hold people for ICE, share information or deploy personnel in support of federal enforcement activity even when their own laws or policies directed otherwise.
Tostrud determined that such a requirement would conflict with the Tenth Amendment’s restrictions on federal commandeering of state governments.
The ruling did not question the federal government’s constitutional authority to regulate immigration or prevent ICE and other federal agencies from independently enforcing federal law within Minnesota.
Instead, the decision distinguished between federal officers carrying out federal duties and the federal government requiring state or local officials to participate in those duties.
The court also rejected the Justice Department’s claims under the doctrine of intergovernmental immunity.
That doctrine generally prevents states from directly regulating or discriminating against the federal government. Tostrud found that the challenged Minnesota laws and local policies did not unlawfully single out the federal government for discriminatory treatment.
The disposition of the claims varied depending on the defendant and the legal basis asserted by the Justice Department.
Claims against Hennepin County and Witt were largely dismissed. Some were dismissed without prejudice because the court found that it lacked jurisdiction, leaving open the possibility that they could be raised again under different circumstances or with a revised legal basis.
Other claims against the county and sheriff were dismissed with prejudice, preventing the Justice Department from refiling those particular claims in the same form.
The court reached a similar result regarding St. Paul, dismissing both jurisdictional and substantive claims directed at the city’s immigration-related ordinances and practices.
Claims against Minnesota and Ellison were also dismissed, including several with prejudice.
The Justice Department’s claims against Minneapolis were likewise rejected under the order.
The administration had argued that the combined effect of the challenged measures undermined federal authority by preventing state and local officials from cooperating fully with immigration agents.
Minnesota and the local defendants maintained that the federal government was seeking to require assistance that the Constitution does not authorize Washington to demand.
Tostrud agreed with the defendants that the federal government may not transform state or local officers into instruments of a federal enforcement program merely because cooperation would make that program more effective.
The ruling leaves the challenged state and local policies in place unless the decision is reversed on appeal or the government successfully pursues claims that were dismissed without prejudice.
Minnesota officials, municipal employees and county authorities may therefore continue operating under their existing restrictions on immigration-related cooperation, including policies governing ICE detainers, information-sharing and the use of local law enforcement resources.
Federal immigration officers remain free to investigate, arrest, detain and remove individuals under federal law without assistance from Minnesota or its local governments.
The practical effect of the decision is that ICE must generally rely on federal personnel and resources when state or local agencies decline to participate voluntarily.
The case reflects a longstanding constitutional dispute over the division of authority between the federal government and states in immigration enforcement.
Although immigration law is principally a federal responsibility, state and local cooperation can play a significant role in identifying individuals, transferring detainees and providing information to federal agencies.
The Constitution, however, restricts the circumstances under which the federal government may compel that cooperation.
Tostrud’s dismissal establishes that, in this case, the Justice Department did not present legally sufficient claims to invalidate Minnesota’s laws or the policies adopted by Minneapolis, St. Paul and Hennepin County.
The administration may appeal the ruling or attempt to revise claims dismissed without prejudice. Unless further court action changes the outcome, Minnesota and the named local governments will not be required to alter the challenged policies or provide the assistance sought by federal immigration authorities.
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