ST. PAUL, Minn. — A federal judge has found that immigration agents likely carried out unconstitutional racial profiling during Operation Metro Surge, even as enforcement tactics in the Twin Cities shift from large-scale street operations to quieter methods in suburban communities.
Ruling Confirms Constitutional Violations
In a 111-page order issued March 9, U.S. District Judge Eric Tostrud ruled that Immigration and Customs Enforcement and Customs and Border Protection agents likely maintained unconstitutional policies during Operation Metro Surge. The judge found that on at least 23 occasions, federal agents stopped or questioned individuals about their immigration status based solely on their race or ethnicity.
Tostrud called the evidence from individual encounters "compelling and troubling." He also rejected the government's argument that witnesses only believed they had been profiled because of news and social media coverage, writing that the witnesses would have held the same beliefs regardless.
Despite the findings, Tostrud declined to issue a preliminary injunction blocking the practices, citing the drawdown of federal agents in Minnesota as reducing the likelihood of future harm.
The ACLU of Minnesota, which filed the class-action lawsuit on January 15, said in a statement that the court found plaintiffs made "a clear showing" that agents were following an unlawful policy to stop and arrest Minnesotans in violation of their Fourth Amendment rights. The organization said it would continue to pursue accountability as the case moves forward.
The Department of Homeland Security has maintained that its agents do not engage in racial profiling and that enforcement operations comply with the Constitution and federal law.
Enforcement Shifts to Suburbs
While ICE has reduced its visible presence in Minneapolis following a February drawdown that brought the number of deployed officers from roughly 3,000 to 2,000, operations have continued in surrounding suburbs.
Reports indicate agents are now operating in Coon Rapids, Minnetonka, Eden Prairie, Columbia Heights, Fridley, and Apple Valley. Residents and community organizations have described agents traveling in smaller groups, wearing plain clothes, going door-to-door posing as environmental canvassers, and monitoring bus stops.
Drone Surveillance Raises Community Concerns
On March 13, Minnesota Public Radio reported on a pattern of drone sightings that have heightened surveillance fears across the Twin Cities.
ICE signed a $514,000 contract last fall for Skydio X10D drones, platforms capable of detecting individuals from 7.5 miles and identifying them from less than a mile away. The agency has confirmed using small drones to monitor protests. A Federal Aviation Administration order issued January 16 established no-fly zones around all DHS vehicles nationwide, including unmarked vehicles, making it impossible for civilian drone operators to know where restricted airspace begins.
On March 16, Minnesota photojournalist Rob Levine, represented by the Reporters Committee for Freedom of the Press, filed a lawsuit against the FAA challenging the no-fly rule. Attorney Grayson Clary argued that operators have no way of knowing in advance whether they are within a prohibited distance of an unmarked federal vehicle.
Federal Surveillance of U.S. Citizens Documented
An NPR investigation published earlier this month detailed accounts of DHS agents using surveillance tools to identify and track U.S. citizens who observe or document ICE activity in their neighborhoods.
Multiple Minneapolis residents reported that federal agents addressed them by name, referenced their home addresses, and in one recorded encounter, told an observer they had been entered into what the agent described as "a nice little database" of "domestic terrorists."
Tools reportedly being used include Mobile Fortify, a facial recognition application drawing from more than 200 million images across DHS, FBI, and State Department databases; a $3.75 million Clearview AI contract providing access to 60 billion facial images; and cell-site simulators capable of tracking phones in real time.
Acting ICE Director Todd Lyons denied the existence of any database tracking U.S. citizens during a congressional hearing in February. DHS has stated that it does not reveal law enforcement methods or tactics.
Impact on Hmong and Southeast Asian Communities
The Southeast Asian Defense Response Project — a collaboration between Man Forward, Southeast Asian Freedom Network, Immigrant Law Center of Minnesota, and Transforming Generations — has reported that the 2025 fiscal year marked the highest level of Hmong and Lao deportations in 15 years.
Community organizations serving the Hmong population in the Twin Cities report that families continue to limit daily activities out of fear. Advocates say elders are reluctant to leave their homes, and that the shift to plainclothes enforcement in suburban areas has created new uncertainty in neighborhoods with significant Hmong populations.
St. Paul Mayor Kaohly Vang Her, the first Hmong American to hold the office, has previously described people being randomly targeted based on appearance and detained for hours despite carrying proper documentation.
Legal Landscape
Multiple lawsuits related to Operation Metro Surge remain active in federal court: The ACLU's class-action racial profiling case continues following Judge Tostrud's March 9 ruling. A lawsuit filed by Minnesota Attorney General Keith Ellison, along with the cities of Minneapolis and Saint Paul, seeks to halt ICE operations on constitutional grounds. On March 7, a separate federal judge ordered the government to return confiscated personal property to ICE detainees within 30 days. The Reporters Committee for Freedom of the Press filed its FAA drone lawsuit on March 16.
A federal judge previously found that ICE had violated at least 96 court orders in Minnesota since January 1, 2026. Another judge stated in February that the "overwhelming majority" of cases brought before him by ICE involved individuals lawfully present in the United States.
Resources
Individuals seeking immigration legal assistance can contact the Immigrant Law Center of Minnesota at (651) 641-1011 or visit ilcm.org.
Know Your Rights materials are available in Hmong, Khmer, Lao, Vietnamese, and Karen through the Minnesota 8 coalition.
