Judge tosses out federal lawsuit challenging Minnesota ‘sanctuary’ policies

A Trump-appointed federal judge on Monday tossed out a Department of Justice lawsuit that aimed to invalidate state and local “sanctuary” policies, which limit information-sharing and cooperation between local law enforcement agencies and immigration enforcement.

The lawsuit, filed in September, was one of at least 27 such cases filed against more than 20 cities, counties and states during the first year of President Donald Trump’s second term. It preceded Operation Metro Surge, during which thousands of immigration agents arrested thousands of immigrants; shot three people, killing two; and sparked major protests. 

Leaders at the Department of Homeland Security repeatedly pointed to state and local governments’ refusal to assist in immigration enforcement as a reason for not ending the operation sooner.

In its complaint, the DOJ challenged several state and local policies: a Minnesota law preventing the state Department of Driver and Vehicle Services from sharing data with immigration agencies; Minneapolis and St. Paul policies barring local police from enforcing immigration laws; an attorney general’s legal advisory prohibiting Minnesota law enforcement agencies from holding someone based on a request from federal immigration authorities if the person would otherwise be released from custody; and a Hennepin County policy modeled on that attorney general’s advisory. 

Eric C. Tostrud, chief judge for the District of Minnesota, dismissed all of the claims. He primarily cited the Tenth Amendment’s anticommandeering doctrine, which prohibits the federal government from forcing state and local authorities to carry out tasks — such as immigration enforcement — which are the sole responsibility of the federal government.