The fight over immigration enforcement in Minnesota has moved to the courts, with several developments unfolding this week.
Trump’s U.S. Department of Justice on Monday responded to a lawsuit filed last week by Minnesota officials to stop the immigration enforcement surge in Minnesota and the Twin Cities.
In a court filing, the Justice Department described the lawsuit as “legally frivolous.” It urged a federal judge to reject efforts by Minnesota and its largest cities to stop what the U.S. Department of Homeland Security has dubbed Operation Metro Surge.
Lawyers argued that DHS is acting within its legal powers to enforce immigration laws. The department has surged more than 2,000 federal agents from U.S. Immigration and Customs Enforcement, Border Patrol, Homeland Security Investigations, and other resources to the Twin Cities amid a multi-billion-dollar fraud investigation in the state.
The DOJ argued that the state was “effectively seeking a state veto over the enforcement of federal law,” calling the notion “legally frivolous” and an “absurdity,” according to court filings.
“The 10th Amendment does not afford an ejectment action for states who are dissatisfied with the federal government’s enforcement of federal law,” the DOJ response said.
Meanwhile, the DOJ also announced a criminal investigation of several state and local officials, including Gov. Tim Walz and Minneapolis Mayor Jacob Frey, for conspiring to impede or obstruct federal law enforcement.
On Tuesday, the FBI served grand jury subpoenas to Minnesota’s Democratic officials related to the investigation of ICE obstruction. Sources told Fox News that the five Minnesota government offices included the Governor’s Office, the Attorney General Keith Ellison’s office and the Minneapolis Mayor’s Office.
The probe relates to their actions involving ICE operations in Minnesota. U.S. Deputy Attorney General Todd Blanche has said the duo’s anti-ICE rhetoric was teetering on a federal crime.
“When the governor or the mayor threatens our officers, when the mayor suggests that he’s encouraging citizens to call 911 when they see ICE officers, that is very close to a federal crime,” Blanche told Fox News.
The sources said the FBI served the subpoenas, seeking records and communications. The Justice Department declined to comment on the matter.
Blanche on Friday visited the U.S. Attorney’s office in Minneapolis and spoke with law enforcement officers removing criminal aliens from Minnesota’s streets.
“We support those performing their lawful duties to protect public safety and will PROSECUTE anyone attacking or obstructing them,” Blanche shared on social media. “We will provide ALL resources necessary to support immigration enforcement, charge ANYONE impeding or assaulting federal officers, and combat rampant fraud in MN.”
Today in Minneapolis I met with the U.S. Attorney’s office and visited the brave @thejusticedept and @DHSgov law enforcement officers removing criminal aliens from MN streets.
We support those performing their lawful duties to protect public safety and will PROSECUTE anyone… pic.twitter.com/iK6nxVTjLq
— Todd Blanche (@DAGToddBlanche) January 17, 2026
Last week, Minnesota Attorney General Keith Ellison filed for a temporary restraining order against DHS and several federal agencies and officials, citing the immediate harm the state and cities are facing, and asked a judge to immediately halt ICE operations in the state.
U.S. District Judge Katherine Menendez, a Biden appointee, on Wednesday, Jan. 14, declined to issue a temporary restraining order to block ICE operations, FOX 9 KMSP reported.
But Menendez ordered the Trump administration to formally respond to Minnesota’s complaint by Monday, Jan. 19, and said she would rule on the broader issues after that.
The DOJ did respond on Monday, saying Operation Metro Surge has made the state safer with the arrests of more than 3,000 people who were in the country illegally, the Associated Press reported.
“Put simply, Minnesota wants a veto over federal law enforcement,” Justice Department attorneys wrote.
State and local officials have described Operation Metro Surge as an “invasion” of armed, masked men who are dragging people away from homes and vehicles and creating fear in the community.
Attorney General Ellison has accused the government of violating free speech and other constitutional rights with its unprecedented sweeps. He described the federal agents as poorly trained and using excessive force against detainees and peaceful protestors.
“The unlawful deployment of thousands of armed, masked, and poorly trained federal agents is hurting Minnesota,” said Attorney General Ellison in a press release. “People are being racially profiled, harassed, terrorized, and assaulted. Schools have gone into lockdown. Businesses have been forced to close. Minnesota police are spending countless hours dealing with the chaos ICE is causing. This federal invasion of the Twin Cities has to stop, so today I am suing DHS to bring it to an end.”
In a separate court case, the DOJ also appealed a judge’s ruling that federal agents in Minnesota can’t arrest or use pepper spray on peaceful protesters or stop people in their cars without cause.
Minneapolis-based Menendez issued the ruling Friday in a case filed in December on behalf of six Minnesota activists, represented by the American Civil Liberties Union of Minnesota, KSTP 5 News reported.
The judge barred federal officers from detaining or deploying tear gas against peaceful protesters who are not obstructing authorities involved in immigration operations.
Border Patrol Commander Gregory Bovino pushed back against Menendez’s order. Bovino told Fox News that federal agents will continue deploying tear gas against violent agitators who “cross the line” or assault or impede officers during Operation Metro Surge.
“We’re going to continue to use that minimum amount of force necessary to accomplish our mission,” Bovino said on “Fox News Live,” over the weekend, adding that immigration officers have never used tear gas against “peaceful protesters.”
“We always support the First Amendment, but when they cross the line and they’re violent, we will use those less lethal munitions because it keeps them safe, it keeps our officers safe, and it keeps the public safe,” Bovino continued.
Protestors and ICE Watch groups have actively tried to harass and impede immigration officers by blocking roads, blowing whistles, and honking horns throughout the Twin Cities.
The violence and ongoing unrest escalated following the ICE-involved shooting of activist Renee Nicole Good. In addition, federal officers are often left to fend off swarms of angry and unruly anti-ICE protestors due to Minneapolis’ sanctuary policies.
Minneapolis Police Department does not respond to support federal agents. Last Wednesday, the city’s police department did not immediately arrive on scene as protestors shot off fireworks and destroyed federal vehicles in the city.
Several independent journalists who have been attacked in Minneapolis have reported local police will not respond.
“After Somali thugs commit FELONY ROBBERY against me, Minneapolis Police tell me *I’M* the problem and *I* need to leave,” posted Nick Sortor on X. “NO. REFUSING to arrest Somali thieves is EXACTLY WHY America is in this situation to begin with. I’m DOUBLING DOWN, and I WILL NOT LEAVE.”
The department also did not intervene when two protest groups clashed during a demonstration on Saturday near City Hall, according to various reports and video footage.
FOX 9 KMSP reported that a good Samaritan picked up right-wing activist Jake Lang, who was surrounded, beaten and left bleeding from his head. They were at a red light when they saw a man who was bleeding and being chased by a large crowd of people.
Minnesota Gov. Tim Walz also mobilized the state’s National Guard to support local law enforcement and the rights of peaceful demonstrators, the state’s Department of Public Safety posted on X on Saturday.
At Gov. Walz’s direction, the Minnesota National Guard have been mobilized and are staging to support local law enforcement and emergency management agencies. pic.twitter.com/9b0UpYyKkX
— Minnesota Department of Public Safety (@MnDPS_DPS) January 17, 2026
Meanwhile, Trump has threatened to invoke the Insurrection Act to stop violent anti-ICE rioters in Minneapolis but has yet to do so.
The Pentagon also called up about 1,500 active-duty soldiers in Alaska for a possible deployment to Minnesota, two U.S. officials told Reuters on Sunday.
The U.S. Army’s 11th Airborne Division, which is based in Alaska and specializes in cold-weather and mountain warfare, has given prepare to deploy orders. The Washington Post was first to report the Pentagon’s readiness.
The Insurrection Act gives the president the power to deploy the military or federalize National Guard troops to quell domestic uprisings.
