Judge Says Evidence of Race-Based Stops by Federal Agents Is 'Compelling and Troubling'

A U.S. district court judge in Minnesota said there is "compelling and troubling" evidence that federal immigration agents conducted race-based stops during a large enforcement operation in the state, adding weight to a lawsuit brought by the American Civil Liberties Union challenging the crackdown.

In a 111-page ruling, U.S. District Judge Eric Tostrud wrote that plaintiffs had shown federal agents adopted a policy allowing officers to stop individuals based on "ethnicity or race without reasonable suspicion that the individuals were violating immigration laws."

The case stems from Operation Metro Surge, a federal immigration sweep that brought roughly 3,000 agents to Minnesota between December and February in what the Department of Homeland Security described as its largest enforcement operation. The operation drew national attention amid broader controversy over federal enforcement tactics in Minnesota, including the fatal shootings of two residents, Alex Pretti and Renee Good, during confrontations with federal agents.

Despite findings, Tostrud declined to issue a preliminary injunction halting the alleged practices, noting that the operation is winding down and the plaintiffs were unlikely to face immediate harm again, as Minnesota Reformer explains. The lawsuit will proceed, and the judge indicated the claims could ultimately succeed.

The lawsuit was filed in January by the ACLU on behalf of several residents who said they were detained despite being U.S. citizens or legal residents. The lead plaintiff, Mubashir Khalif Hussen, a 20-year-old U.S. citizen, testified that agents tackled him and placed him in a chokehold in Minneapolis' Cedar-Riverside neighborhood before detaining him for about two hours, even after he repeatedly said he could show proof of citizenship.

Two other plaintiffs described similar encounters. Mahamed Eydarus, a Somali American citizen, said armed agents demanded he prove he was "not illegal" while he shoveled snow outside his home. Jonathan Aguilar Garcia, a Latino citizen, said agents tackled him at a Target store after asking about his citizenship. Tostrud wrote that Aguilar Garcia was stopped "based solely on his race or ethnicity."

The judge cited testimony from dozens of witnesses describing stops without warrants or probable cause. Government attorneys argued the incidents represented a small fraction of the thousands of arrests made during the operation, but Tostrud said plaintiffs presented a "significant volume of testimony."

The case is part of broader litigation over the crackdown. In February, the ACLU expanded its lawsuit with sworn declarations from more than 80 witnesses describing detentions, surveillance and the use of force against bystanders and observers documenting the operation.

"This is an important vindication of the rights of Minnesota residents who have been racially profiled," said ACLU attorney Catherine Ahlin-Halverson of the judge's comments, though she said the group was disappointed the court declined to immediately block the practices.

Originally published on Latin Times

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Minnesota, ACLU