Minnesota and Illinois Sue Feds, Claim 10th Amendment Violated by Federal ICE Surge
Minnesota and Illinois have filed sweeping federal lawsuits invoking the 10th Amendment to challenge what they call unconstitutional federal immigration enforcement in their states.
The dual legal actions allege that a massive deployment of federal immigration agents, tens of thousands of Border Patrol, ICE and DHS officers has overwhelmed local communities, violated residents’ rights and interfered with state public safety powers.
Both lawsuits raise immediate conflict over federal authority. Minnesota, joined by Minneapolis and St. Paul, says the surge followed the fatal shooting of a Minneapolis woman by an ICE officer and has resulted in thousands of arrests, chaotic enforcement and widespread fear. Illinois and the City of Chicago contend similar federal tactics have been used for months to coerce changes in local immigration policy.
Core facts show the suits seek to block federal agents from using excessive force against nonviolent bystanders, ban tactics like chemical irritants without probable cause, require visible identification and body cameras, and bar federal interference in sensitive locations.
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Both states frame the issue as a 10th Amendment fight, arguing the Constitution reserves to states the right to protect the health, safety and welfare of residents and to control law enforcement within their borders.
“People are being racially profiled, harassed, terrorized, and assaulted,” Minnesota Attorney General Keith Ellison said in a state statement about the case.
This matters because it tests whether state sovereignty limits how the federal government carries out interior immigration enforcement, an argument legal experts say is novel and could reshape federal–state power disputes.
Courts are expected to address temporary restraining order requests and address whether federal agents must curtail current tactics while the cases proceed.
What happens next…
Judges will hear motions to block the federal operations and weigh whether the 10th Amendment claims can succeed.
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