A federal judge on Saturday refused to halt a massive U.S. Immigration and Customs Enforcement (ICE) operation in Minnesota, dealing a blow to state and local leaders who have described the federal surge as an unconstitutional “invasion” and political retaliation.
In a ruling handed down on January 31, 2026, U.S. District Judge Katherine Menendez denied a request for a preliminary injunction filed by Minnesota Attorney General Keith Ellison and the cities of Minneapolis and St. Paul. The decision means that the federal enforcement action—officially dubbed “Operation Metro Surge”—can continue while the underlying lawsuit proceeds through the court system.
While Judge Menendez acknowledged the “deeply troubling” nature of the allegations brought by the state—which include reports of racial profiling, warrantless searches, and the use of chemical irritants against peaceful observers—she concluded that the plaintiffs had not met the “heavy burden” required to freeze a federal law enforcement operation mid-stream.
“Because there is evidence supporting both sides’ arguments as to motivation and the relative merits of each side’s competing positions are unclear, the Court is reluctant to find that the likelihood-of-success factor weighs sufficiently in favor of granting a preliminary injunction,” Menendez wrote in her ruling.
A State Under Siege
The legal battle comes as the Twin Cities enter their second month of an unprecedented federal presence. Since early December 2025, the Department of Homeland Security (DHS) has deployed an estimated 3,000 federal agents to Minnesota—a force that local officials note now outnumbers the Minneapolis police department five to one.
Attorney General Keith Ellison, who led the effort to block the operation, argued that the surge is less about public safety and more about “retribution” against a state that has resisted federal immigration priorities.
“The unlawful deployment of thousands of armed, masked, and poorly trained federal agents is hurting Minnesota,” Ellison said in a statement. “People are being racially profiled, harassed, terrorized, and assaulted. Schools have gone into lockdown. Businesses have been forced to close. This federal invasion of the Twin Cities has to stop.”
The lawsuit alleges that the Trump administration targeted Minnesota because of its “sanctuary” policies and the political viewpoints of its leaders. Evidence cited in the filing included a January 13 social media post from President Trump that warned: “FEAR NOT, GREAT PEOPLE OF MINNESOTA, THE DAY OF RECKONING & RETRIBUTION IS COMING!”
“Collateral” and Conflict
According to government filings, Operation Metro Surge has resulted in approximately 3,000 arrests in Minnesota since its inception. While federal officials insist the operation targets “criminal illegal aliens,” including sex offenders and violent traffickers, local advocates say the reality on the ground is far more indiscriminate.
Lawyers for the ACLU of Minnesota and Mid-Minnesota Legal Aid, who are pursuing a separate class-action lawsuit on behalf of community members, describe a pattern of “collateral arrests.” They allege that agents frequently stop individuals based solely on their appearance or accent and enter residential homes without judicial warrants.
“We are disappointed that the court did not grant the temporary restraining order to provide immediate relief to our community,” said Ana Pottratz Acosta, an attorney with Mid-Minnesota Legal Aid. “However, the underlying lawsuit continues. We remain committed to holding ICE accountable for its pattern of unlawful and unconstitutional tactics.”
The human cost of the operation has been stark. The deaths of two residents—Renée Good and Alex Pretti—during interactions with federal agents have sparked weeks of sustained protests. Pretti, a 37-year-old ICU nurse, was fatally shot on January 24, an event that led to a Senate blockade of ICE funding earlier this week.
The Federal Defense
The Department of Justice (DOJ) has characterized the lawsuit as “legally frivolous,” arguing that the federal government has plenary power over immigration enforcement. DHS spokesperson Tricia McLaughlin defended the necessity of the surge, citing a lack of cooperation from local law enforcement.
“We will continue to enforce the laws of the United States within all applicable constitutional guidelines,” McLaughlin said. “We will not be deterred by activists either in the streets or on the bench. Operation Metro Surge is necessary because federal efforts have been hindered by state and local ‘sanctuary’ laws and policies.”
White House “Border Czar” Tom Homan, who visited Minneapolis earlier this week to meet with Governor Tim Walz and Mayor Jacob Frey, echoed this sentiment. In a recent interview, Homan pushed back against claims that the administration was considering a pullback.
“To set the record straight… President Trump isn’t backing off on his promise of mass deportation,” Homan said. “For people that want to misinterpret what President Trump sending me to Minneapolis means, then you’re not paying attention.”
A Bench in Turmoil
The ruling by Judge Menendez follows a stinging rebuke of ICE conduct by her colleague, Chief U.S. District Judge Patrick J. Schiltz. Earlier this week, Schiltz issued a finding that ICE had likely violated nearly 100 court orders in January 2026 alone—more, he noted, “than some federal agencies have violated in their entire existence.”
“ICE has every right to challenge the orders of this court, but, like any litigant, ICE must follow those orders unless and until they are overturned or vacated,” Schiltz wrote, adding that the agency’s conduct “should give pause to anyone—no matter his or her political beliefs—who cares about the rule of law.”
Despite these judicial warnings, the Ninth Circuit Court of Appeals recently stayed an injunction that would have prohibited federal agents from using tear gas and rubber bullets against peaceful protesters, further complicating the legal landscape for those seeking to limit the scope of the operation.
Neighborhoods on Edge
In immigrant-heavy neighborhoods like South Minneapolis and St. Paul’s West Side, the daily routine has been fundamentally altered. A “shadow network” of thousands of volunteers has formed to track ICE convoys in real-time using encrypted apps, sounding whistles to warn neighbors when unmarked SUVs enter a block.
“Make no mistake, this is an occupation,” said Hennepin County Commissioner Angela Conley. “It’s affecting every aspect of daily life. Businesses in Minneapolis are reporting revenue decreases of 50-80% because customers are too afraid to leave their homes.”
While the denial of the preliminary injunction allows Operation Metro Surge to proceed for now, Judge Menendez’s ruling does not end the case. The state’s 10th Amendment challenge—the argument that the federal government is unconstitutionally “commandeering” state resources and infringing on state sovereignty—will now move toward a full trial.
For the residents of the Twin Cities, however, the legal timeline offers little immediate comfort. As the sun set on Saturday, the sound of whistles could still be heard in the streets of the Eat Street neighborhood, a signal that for many, the “day of reckoning” is already here.
