The recent immigration enforcement operations in Minnesota have raised important questions about constitutional rights, federal authority, and the protections available to both citizens and noncitizens. With over 2,000 federal immigration agents currently active in the state and legal challenges mounting, it’s crucial to understand what’s happening and how it might affect you or your loved ones.
What’s Happening in Minnesota?
The Trump Administration has launched a major immigration enforcement operation in Minneapolis, targeting alleged immigration fraud involving Somali residents. ICE’s “Operation Metro Surge” has focused on removing undocumented individuals convicted of serious crimes, including child abuse, drug trafficking, and domestic violence. Federal officials emphasize they’re targeting “the worst of the worst” criminal illegal aliens.
However, the operation has sparked significant controversy. On Monday, January 12, 2026, Minnesota state officials filed a lawsuit against the Trump Administration, challenging both the scope and methods of enforcement. The lawsuit came after the fatal shooting of protester Renee Macklin Good, who blocked ICE with her car.
The complaint includes serious allegations: arresting peaceful protesters, detaining U.S. citizens, using chemical irritants against demonstrators exercising First Amendment rights, racial profiling, militarized raids, and unconstitutional stops and arrests in sensitive locations like schools and hospitals. Illinois has filed a similar lawsuit with comparable allegations.
Understanding the Constitutional Protections
Your First Amendment Rights
The First Amendment guarantees freedom of speech and the right to protest. Schools and public forums receive strong speech protections as “marketplaces of ideas.” To restrict speech, government action must be narrowly tailored to achieve a compelling interest. This means immigration enforcement cannot simply silence protesters or prevent peaceful demonstrations.
Fourth Amendment Protections Against Unlawful Searches
The Fourth Amendment protects everyone in the United States, citizens and noncitizens alike, against unreasonable searches and seizures. This means:
- Warrants are required: Law enforcement generally needs a warrant based on probable cause, issued by a neutral magistrate, that specifically describes the place, persons, or things to be seized
- ICE’s authority is limited: Immigration officers cannot enter nonpublic areas without a valid judicial warrant or consent
- Administrative warrants are different: Immigration warrants issued by DHS are not the same as judicial warrants and do not authorize searches of nonpublic areas
Understanding the difference between warrant types is critical. A judicial warrant includes a state or federal court name, a judge’s signature, the address to be searched, and a timeframe. An administrative or immigration warrant is signed by a DHS official (not a judge) and may include forms like DHS Form I-200 or I-205.
Due Process and Equal Protection
The Fifth and Fourteenth Amendments protect against deprivation of life, liberty, or property without due process of law. The Equal Protection Clause prohibits discrimination based on race, national origin, and religion. Stops based solely on racial discrimination violate both the Fourth and Fourteenth Amendments.
“While immigration enforcement is a legitimate federal function, it must be conducted within constitutional boundaries,” says Rosanna Berardi, Esq., Managing Partner at Berardi Immigration Law. “Understanding your rights, whether you’re a U.S. citizen, lawful permanent resident, or undocumented individual, is essential during these operations. No one should be detained unlawfully or subjected to searches that violate the Fourth Amendment.”
What ICE Can and Cannot Do
What ICE Can Do
- Arrest and detain noncitizens, with or without an administrative warrant, where there is probable cause to believe the individual is removable and is likely to escape before a warrant can be issued
- Briefly stop someone to question their immigration status if they have reasonable suspicion of illegal activity
- Search or seize without a warrant if probable cause exists and constitutional standards are met
What ICE Cannot Do
- Enter nonpublic areas without a valid judicial warrant or consent
- Use administrative warrants to search homes or private spaces
- Detain U.S. citizens
- Conduct stops based solely on race or ethnicity
- Search or seize U.S. citizens without a valid judicial warrant unless they have probable cause
Know Your Rights and Recourse
If you believe your constitutional rights have been violated during an immigration enforcement action:
- Document everything: Keep records of what happened, including dates, times, locations, and names of officers if possible
- Assert your rights calmly: You have the right to remain silent and to refuse consent to search nonpublic areas without a judicial warrant
- Seek legal counsel: Contact an immigration attorney immediately
- Legal recourse exists: U.S. citizens can sue law enforcement for constitutional violations under 42 USC 1983
Know Your Rights, Seek Expert Guidance
The situation in Minnesota highlights the ongoing tension between federal immigration enforcement authority and constitutional protections. While the federal government has broad power over immigration matters, that power is not unlimited. Constitutional rights, including due process, equal protection, freedom of speech, and protection against unreasonable searches, apply to everyone within U.S. borders.
Whether you’re a U.S. citizen concerned about being mistakenly detained, a lawful permanent resident navigating enforcement operations, or an undocumented individual seeking to understand your rights, knowledge is your best protection.
If you have questions about beginning your U.S. immigration journey, consult with an experienced immigration attorney who can provide guidance tailored to your specific situation.
Immigration Enforcement FAQs
Q: Can ICE enter my home without a warrant?
A: No. ICE cannot enter nonpublic areas of your home without a valid judicial warrant signed by a judge or your consent. An administrative immigration warrant (Form I-200 or I-205) does not give ICE the authority to enter your home. You have the right to ask to see a warrant and verify it’s a judicial warrant before allowing entry.
Q: What should I do if I’m stopped by ICE and I’m a U.S. citizen?
A: Remain calm and assert that you are a U.S. citizen. You have the right to show proof of citizenship, such as a passport or birth certificate. ICE cannot legally detain U.S. citizens. If you are detained despite being a citizen, document the incident and contact an attorney immediately. You may have grounds to sue for constitutional violations.
Q: Can ICE stop me based on how I look or my ethnicity?
A: Stops based solely on race or ethnicity violate the Fourth and Fourteenth Amendments. However, recent court opinions suggest ethnicity may be considered as one factor among others (such as location and behavior) when establishing reasonable suspicion. If you believe you were stopped due to racial profiling, document the incident and consult an immigration attorney.
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