A federal judge is set to hear arguments on Minnesota’s immigration crackdown

U.S. Court News

A federal judge will hear arguments Monday on whether she should at least temporarily halt the immigration crackdown in Minnesota that has led to the fatal shootings of two people by government officers.

The state of Minnesota and the cities of Minneapolis and St. Paul sued the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs officer. The shooting of Alex Pretti by a Border Patrol officer on Saturday has only added urgency to the case.

On Monday, President Donald Trump said he is sending border czar Tom Homan to Minnesota. The president’s statement comes after Homeland Security Secretary Kristi Noem and Border Patrol Commander Gregory Bovino, who had become the public face of the administration’s crackdown, answered questions at news conferences over the weekend about Pretti’s shooting. Trump posted on social media that Homan will report directly to him.

Since the original court filing, the state and cities have substantially added to their original request in an effort to restore the order that existed before the Trump administration launched Operation Metro Surge in Minnesota on Dec. 1.

Democratic Minnesota Attorney General Keith Ellison said he plans to attend.

The lawsuit asks U.S. District Judge Katherine Menendez to order a reduction in the number of federal law enforcement officers and agents in Minnesota back to the level before the surge and to limit the scope of the enforcement operation.

Justice Department attorneys have called the lawsuit “legally frivolous” and said “Minnesota wants a veto over federal law enforcement.” They asked the judge to reject the request or to at least stay her order pending an anticipated appeal.

Ellison said during a news conference Sunday that the lawsuit is needed because of “the unprecedented nature of this surge. It is a novel abuse of the Constitution that we’re looking at right now. No one can remember a time when we’ve seen something like this.”

It is unclear when the judge might rule.

The case has implications for other states that have been or could become targets of ramped-up federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia, led by California, filed a friend-of-the-court brief supporting Minnesota.

“If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere,” the attorneys general wrote.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.