MINNEAPOLIS — The American Civil Liberties Union of Minnesota on Friday filed an updated class-action complaint alleging federal immigration agents engaged in widespread mistreatment of observers and protesters during Operation Metro Surge, adding testimony from more than 80 Minnesotans.
According to the ACLU of Minnesota, the amended complaint includes eyewitness accounts describing agents’ use of “chemical irritants, less-lethal munitions, and physical force” against residents observing or protesting immigration enforcement actions.
The initial lawsuit, filed Dec. 17 on behalf of six residents, challenged what the ACLU characterized as unconstitutional retaliation against observers. After the ACLU filed the case, a federal judge ordered immigration agents to change their tactics; however, an appeals court later froze that order, writes Christopher Magan of the Minnesota Star Tribune.
“The sheer number and the egregious conduct will show the court this is not, as the government has argued, a series of one-offs,” said Alicia Granse, staff attorney for the ACLU of Minnesota. “This is the manifestation of a national policy from this administration to retaliate against observers and protesters.”
According to Granse, video recorded by observers has been critical to public accountability. “Without the videos, without the work these observers are doing, we don’t have the insight of what these agents are ostensibly doing in our name,” she said. “It is absolutely the opposite of public safety. They’re putting people in danger.”
The updated filing includes statements from individuals who allege they were struck with chemical irritants or physically confronted while documenting enforcement actions. Ian Lockhart said agents “shot chemical irritants at the crowd without warning” after protesters gathered at Mueller Park. Haley Lipo Zovic stated she was hit in the head with a “metal gas canister,” comparing the impact to “being struck in the head with a metal bat,” according to the complaint.
Other Minnesotans described being “repeatedly beaten with a baton,” having their vehicles surrounded and windows broken, or being tackled by enforcement agents while distributing supplies, as detailed in the updated filing.
Magan reported that Trump “removed Greg Bovino,” identified as the Border Patrol commander in charge of the operation, and replaced him with “border czar Tom Homan.” The article states that on Thursday, Homan said the surge would “draw down” as long as “local law enforcement cooperated” and “protesters didn’t interfere.”
Federal immigration officials did not respond to requests for comment on the amended lawsuit, according to Magan.
Christopher Magan also reported that the conduct described has contributed to a “likely Department of Homeland Security shutdown,” stating Democratic senators withheld votes to fund DHS “unless there are new assurances that tactics will improve.” The article adds that senators want agents to “unmask,” “wear identification,” stop using “race and ethnicity as pretext for arrests,” and “seek judicial warrants for arrests.” At the same time, “Republicans have rejected those requests as unrealistic.”
Local law enforcement leaders said there is work to do to repair “community trust” after agents leave, according to Magan. The article also reported DHS “claims more than 4,000 people were detained” during Operation Metro Surge, “but that number has not been independently verified.”
The lawsuit remains pending as federal officials continue to oversee the wind-down of Operation Metro Surge.
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