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States sue to stop federal immigration surge

States sue to stop federal immigration surge

Force in Play

Federal judge denies Minnesota TRO as Homan orders 700-agent drawdown; school districts sue over ICE activity; advocacy coalition joins impeachment push with 50+ groups

February 9th, 2026: 50+ Advocacy Groups Call for Noem Impeachment

Overview

U.S. District Judge Katherine Menendez denied Minnesota's request for a temporary restraining order against Operation Metro Surge on February 2, 2026. She cited insufficient proof of constitutional violations, though she acknowledged evidence of racial profiling and excessive force.

On February 4, Minnesota school districts and educators filed a federal lawsuit to block ICE enforcement within 1,000 feet of schools. They cited traumatized students, lockdowns, and a 22% spike in daily absences following the January 7 killing of Renee Good. Two U.S. citizens were killed during Operation Metro Surge: Renee Good on January 7 and Alex Pretti on January 24.

The DOJ Civil Rights Division opened an investigation into Pretti's death on January 30, now led by the FBI. Over 3,000 agents had been deployed across the Twin Cities and Chicago, with more than 3,000 arrests in Minneapolis since December 2025. Border czar Tom Homan, who removed commander Gregory Bovino, ordered a 700-agent drawdown on February 4, reducing deployment by 20%, after state and local officials agreed to facilitate jail-based transfers.

Over 162 House Democrats co-sponsor impeachment articles against DHS Secretary Kristi Noem filed by Rep. Robin Kelly. On February 9, a coalition of more than 50 advocacy organizations including Voto Latino, the Service Employees International Union, and the Human Rights Campaign called for her impeachment. Polling released February 3 showed majority support for her removal, while protests subsided and legal battles over federal-state authority, school safety, and federal accountability intensified.

Key Indicators

2,300+
Federal agents deployed
Post-drawdown estimate after Homan orders 700-agent reduction from ~3,000 across Twin Cities and Chicago
3,000+
Minneapolis arrests
Arrests from Operation Metro Surge in Minneapolis since December 2025 (5,000+ combined with Chicago)
22%
Student absence spike
Increase in daily student absences following ICE surge; Stanford study; half of St. Paul Spanish-speaking students absent Jan 9
2
U.S. citizens killed
Renee Good (Jan 7) and Alex Pretti (Jan 24) shot by federal agents in Minneapolis within 17 days
96
Court orders violated
Federal judge documented 96 court order violations by ICE in 74 cases during January 2026 alone
162+
House Democrats
Co-sponsors of impeachment articles against DHS Secretary Noem (of 213 total); 50+ advocacy groups joined Feb 9

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People Involved

Keith Ellison
Keith Ellison
Leading state lawsuit post-TRO denial; vowed to continue legal fight; school districts lawsuit filed by coalition
Kwame Raoul
Kwame Raoul
Lead plaintiff in Illinois lawsuit against DHS
Kristi Noem
Kristi Noem
Facing impeachment supported by 162+ House Democrats; moderate Senator Rosen joined impeachment call; Trump says she's doing 'very good job'
Renee Nicole Macklin Good
Renee Nicole Macklin Good
Deceased (January 7, 2026)
Jacob Frey
Jacob Frey
Called Homan drawdown insufficient; demands full end to Operation Metro Surge; school crisis deepening
Tim Walz
Tim Walz
Put National Guard on alert; announced abandonment of re-election campaign
Jonathan Ross
Jonathan Ross
Under FBI investigation for fatal shooting
Kaohly Her
Kaohly Her
Co-plaintiff in Minnesota lawsuit
Katherine Menendez
Katherine Menendez
Denied Minnesota TRO on Feb 2; case proceeds on merits; acknowledged profiling/excessive force evidence
Sara Ellis
Sara Ellis
Presiding over Illinois/Chicago lawsuit against DHS
Robin Kelly
Robin Kelly
Lead sponsor of impeachment articles against DHS Secretary Noem
Charles Wall
Charles Wall
Appointed January 15, 2026
Todd Blanche
Todd Blanche
Overseeing federal response to state lawsuits and Good shooting investigation
Alex Pretti
Alex Pretti
Deceased (January 24, 2026); DOJ Civil Rights Division opened federal investigation January 30
Patrick J. Schiltz
Patrick J. Schiltz
Threatened acting ICE Director with contempt over systematic court order violations
Tracee Mergen
Tracee Mergen
Resigned January 23, 2026 in protest over investigation interference
Todd Lyons
Todd Lyons
Threatened with contempt by federal judge; contempt hearing cancelled after detainee release
Hakeem Jeffries
Hakeem Jeffries
Threatened impeachment proceedings if Trump doesn't fire Noem
Gregory Bovino
Gregory Bovino
Removed from Minneapolis command January 28, reassigned to El Centro, California
Tom Homan
Tom Homan
Ordered 700-agent drawdown Feb 4 after local cooperation on jail transfers; operations shift to targeted enforcement
Jacky Rosen
Jacky Rosen
Called for Noem impeachment; vowed to vote against DHS funding
Don Lemon
Don Lemon
Arrested January 30 over Jan 18 church protest; charged with federal civil rights crimes

Organizations Involved

Timeline

September 2025 February 2026

39 events Latest: February 9th, 2026 · 4 months ago Showing 8 of 39
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  1. 50+ Advocacy Groups Call for Noem Impeachment

    Latest Political

    Voto Latino, SEIU, Human Rights Campaign, United Farm Workers, and 46+ other organizations formally urge Congress to impeach DHS Secretary Noem, citing obstruction, unlawful raids on U.S. citizens, detention of minors including a 5-year-old, and unlawful use of deadly force.

  2. School Attendance Crisis Deepens

    Impact

    Minnesota school leaders report sharp declines in student attendance tied to ICE surge fears, threatening state K-12 funding which is attendance-based. St. Paul schools reported half of Spanish-speaking students and a quarter of Somali students absent on Jan 9.

  3. Polling: Majority Support Noem Impeachment

    Public Opinion

    Data for Progress poll finds majority of voters support impeaching DHS Secretary Noem; only about one-third believe she should not be impeached.

  4. Nationwide Strike and Mass Protests Against ICE

    Political

    Massive protests across U.S. as organizers call for 'no work, no school, no shopping' strike. Thousands march in Minneapolis; student walkouts in Portland; demonstrations in DC, Arizona, Colorado. Minnesota businesses close in solidarity.

  5. Border Patrol Commander Bovino Removed from Minneapolis

    Administrative

    Gregory Bovino stripped of commander title and reassigned to El Centro, California after claiming without evidence Pretti intended to 'massacre' agents. Tom Homan and CBP Commissioner Rodney Scott take control of Minnesota operations.

  6. House Democratic Leadership Threatens Impeachment

    Political

    House Minority Leader Hakeem Jeffries states Democrats will move to impeach DHS Secretary Noem if Trump doesn't fire her. Over 160 of 213 House Democrats have now co-sponsored impeachment articles.

  7. Senator Jacky Rosen Calls for Noem Impeachment

    Political

    Moderate Nevada Senator Jacky Rosen joins impeachment push, calling Noem's leadership 'an abject failure' and accusing her of misleading the public about Pretti killing. Announces she'll vote against DHS funding until ICE guardrails implemented.

  8. Federal Agents Kill Second U.S. Citizen

    Incident

    Customs and Border Protection agents shoot and kill Alex Jeffrey Pretti, 37, an ICU nurse filming enforcement operations during a protest. Video contradicts DHS claims that Pretti threatened agents with a weapon.

  9. Impeachment Articles Reach 100 Co-Sponsors

    Political

    Rep. Robin Kelly's impeachment articles against Secretary Noem reach 100 House Democratic co-sponsors within seven days of introduction.

  10. Noem Appoints New ICE Deputy Director

    Administrative

    DHS Secretary Noem names Charles Wall, ICE's Principal Legal Advisor for 14 years, as new Deputy Director, replacing Madison Sheahan who resigned to run for Congress.

  11. Congressional Democrats File Impeachment Articles Against Noem

    Political

    Rep. Robin Kelly and approximately 70 Democratic colleagues file three articles of impeachment against DHS Secretary Noem, alleging warrantless arrests, violence against U.S. citizens, and obstruction of Congress.

  12. National Polls Show Majority Disapproval of ICE Tactics

    Public Opinion

    CNN/SSRS poll finds 56% call Minneapolis shooting inappropriate; 51% say ICE making cities less safe. Quinnipiac poll shows 57% disapprove of ICE enforcement methods; 53% say Good shooting unjustified.

  13. ICE Agent Kills U.S. Citizen Renee Good

    Incident

    ICE agent Jonathan Ross shoots and kills Renee Good, 37, a U.S. citizen, in Minneapolis. FBI investigation launched. DHS claims self-defense; video evidence disputed.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

August 1992

Ruby Ridge (1992)

U.S. Marshals and FBI agents laid siege to Randy Weaver's cabin in Idaho over firearms charges. An 11-day standoff left Weaver's 14-year-old son Sammy, his wife Vicki, and a U.S. Marshal dead. FBI sniper Lon Horiuchi shot Vicki Weaver while she held her infant daughter.

Then

Weaver was acquitted of most charges. He and his daughters received $3.1 million in settlement.

Now

Senate investigations found 'substantial failures' in federal law enforcement. The incident fueled the militia movement and influenced the Oklahoma City bombing conspirators.

Why this matters now

Ruby Ridge established lasting public concern about federal agents' use of lethal force and lack of accountability. The Renee Good shooting invokes similar questions about federal agents killing U.S. citizens—and whether state or federal authorities control the investigation.

2010-2012

Arizona v. United States (2012)

Arizona passed SB 1070, attempting to create state immigration enforcement powers. The Obama administration sued, arguing federal preemption. The Supreme Court struck down three of four provisions, ruling immigration enforcement is exclusively federal authority.

Then

Arizona's law was gutted. Copycat laws in Alabama, Georgia, and other states were blocked.

Now

Established that states cannot independently enforce immigration law—but the 10th Amendment protects them from being forced to participate.

Why this matters now

The current lawsuits flip Arizona's framework: states aren't trying to enforce immigration law, they're trying to stop federal enforcement on their territory. The legal question is whether the 10th Amendment and constitutional limits on use of force can constrain federal operations that states allowed under Arizona but didn't invite.

2017-2021

California Sanctuary State Litigation (2017-2021)

The first Trump administration sued California over SB 54, its sanctuary law limiting local cooperation with ICE. California countersued over executive orders defunding sanctuary cities. Federal courts sided with California on both fronts.

Then

Federal judges blocked defunding sanctuary cities as unconstitutional commandeering. California's sanctuary law was upheld.

Now

The 9th Circuit ruled that 'refusing to help is not the same as impeding.' The Supreme Court declined to review the case.

Why this matters now

The California precedent established that states can refuse cooperation with federal immigration enforcement. Minnesota and Illinois are now testing whether states can go further—using federal courts to actively halt enforcement operations they deem unconstitutional.

Sources

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