"The plaintiffs had argued that the Trump administration violated the 10th amendment of the constitution, which enshrines states' autonomy from federal intervention beyond powers outlined in the constitution, through the ICE operation. But these claims provided no metric by which to determine when lawful law enforcement becomes unlawful commandeering, simply arguing that the excesses of Operation Metro Surge are so extreme that the surge exceeds whatever line must exist, wrote Menendez, who was nominated to the bench during Joe Biden's presidency in 2021."
"Menendez acknowledged that the operation has had a profound and even heartbreaking impact upon Minneapolis and that along with the shootings there was evidence that ICE and CBP (Customs and Border Protection) agents have engaged in racial profiling, excessive use of force, and other harmful actions. But the judge said that she was not ruling on the tactics of the operation itself, only that the state and cities had failed to show that the"
Minnesota and the cities of Minneapolis and St Paul sued to end Operation Metro Surge after ICE agents fatally shot Renee Good and later Alex Pretti during protests. The shootings provoked widespread condemnation and calls to send the 3,000 federal agents home. Plaintiffs argued the operation violated the 10th Amendment by amounting to unlawful federal commandeering of local authority. Federal Judge Kate Menendez denied the request for a preliminary injunction, finding the claims lacked a clear metric to show when lawful enforcement crosses into unlawful commandeering. The judge acknowledged harm, profiling, and excessive force allegations but declined to rule on operational tactics.
Read at www.theguardian.com
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