The U.S. Department of Justice has filed a federal lawsuit against the state of Minnesota, the Minnesota Attorney General’s Office, the cities of St. Paul and Minneapolis, Hennepin County and the Hennepin County Sheriff’s Office over so-called “sanctuary city” policies that it alleges interfere with federal immigration enforcement.
The 34-page lawsuit follows similar legal action filed by the President Donald Trump’s Justice Department against Boston, New York City, the state of New York, New Jersey, Colorado and Los Angeles. Those and other jurisdictions have prohibited local law enforcement from cooperating with U.S. Immigration and Customs Enforcement on non-criminal matters, including holding jail inmates past their scheduled release date so immigration authorities can determine if they’re wanted on federal immigration warrants.
The DOJ’s latest nine-count legal action claims violations of the “supremacy clause” of the U.S. Constitution, which holds that federal laws trump state laws and constitutions.
“Minnesota officials are jeopardizing the safety of their own citizens by allowing illegal aliens to circumvent the legal process,” U.S. Attorney General Pamela Bondi said in a written statement released Monday. “This Department of Justice will continue to bring litigation against any jurisdiction that uses sanctuary policies to defy federal law and undermine law enforcement.”
Bondi published a revised list of “sanctuary” jurisdictions on Aug. 5, highlighting city, county and state practices that the DOJ’s civil division had alleged violate or impede federal immigration operations. Few municipal leaders openly describe their communities as “sanctuary cities,” but the mayors of both St. Paul and Minneapolis have repeatedly said their police departments will not assist ICE agents in identifying undocumented immigrants.
Bondi initially released the list in May, but it was withdrawn days later following widespread criticism for including jurisdictions that have actively supported the Trump administration’s immigration crackdown.
In July, the mayor of Louisville, Ky., agreed to abide by requests from federal authorities to maintain a 48-hour immigration detainer — a two-day hold imposed by request of immigration authorities on certain inmates who were otherwise scheduled to be released from custody. Louisville was then dropped from the DOJ list.
The DOJ announced a new memorandum of understanding last week with the state of Nevada to collaborate on immigration enforcement, and the state has since been dropped from Bondi’s list.
Since 2004, St. Paul has maintained a “separation ordinance” that prohibits city employees from asking residents their immigration status or participating in federal immigration enforcement, with the stated goal of ensuring residents feel comfortable accessing public services or calling 911 to report crimes.
In response to the DOJ lawsuit, St. Paul Mayor Melvin Carter’s office released a written statement Monday calling the city’s “longstanding separation ordinance an essential policy that promotes public safety, builds community trust, and reflects St. Paul’s commitment to serving and protecting all residents regardless of immigration status.”
Carter, in the statement, was quoted as saying: “City employees don’t work for the president, we work for the people who live here. We will stand with our immigrant and refugee neighbors no matter how many unconstitutional claims the White House makes. We’ve proven our resolve in two successful court actions already this year, and we look forward to winning our third legal victory in a row against this embarrassing federal regime.”
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