The American Civil Liberties Union sued the Trump administration Thursday, seeking a court order to halt what it says are unconstitutional immigration enforcement tactics by federal agents in Minnesota, as stepped-up Immigration and Customs Enforcement operations in the Twin Cities have drawn heightened scrutiny and public backlash.
The class-action lawsuit, filed in U.S. District Court in Minnesota, names Homeland Security Secretary Kristi Noem and other federal officials and asks a judge to block what the plaintiffs describe as unlawful stops and arrests that they say have swept up U.S. citizens and legal residents.
The ACLU is representing Somali immigrants Mubashir Khalif Hussen, Mahamed Eydarus, and Javier Doe, a Hispanic American.
The suit seeks a statewide injunction against what it calls “unlawful policies and practices,” including allegations of racial profiling.
The filing also alleges federal agents are arresting people for immigration reasons without warrants or probable cause, including U.S. citizens and those with valid status.
It also claims that arrests are being made without evidence of flight risk.
Such actions, plaintiffs’ claim, violate the Fourth Amendment, the Equal Protection Clause, and federal law, as police may not detain individuals solely on the basis of appearance.
The ACLU said the case challenges “suspicionless stops,” “warrantless arrests,” and “racial profiling” tied to an expanded federal deployment in Minnesota.
Under 8 U.S.C. Section 1357(a)(2), an immigration officer may make a warrantless immigration arrest only if the officer has reason to believe the person is in the United States in violation of immigration law and the person “is likely to escape before a warrant can be obtained for his arrest.”