- Saturday, February 7, 2026

The 700-plus habeas corpus petitions mentioned in Friday’s 5th Circuit detention ruling represent only a portion of the legal challenges stemming from Operation Metro Surge in Minnesota, where federal courts are dealing with an unprecedented volume of immigration detention cases.

Since Dec. 1, more than 4,000 arrests in the Twin Cities area have generated hundreds of legal filings. The operation has also resulted in two civilian deaths during encounters with federal agents.

“This flood of new litigation imposes an enormous burden on this U.S. Attorney’s Office,” Daniel Rosen, the U.S. attorney for Minnesota, wrote in a recent court filing. His office has redirected resources from other civil enforcement work to handle immigration detention challenges.



ICE attorney Julie Le described the workload to a federal judge this week. “The system sucks, this job sucks,” Ms. Le said in court, according to CNN, saying she had volunteered for the Minnesota assignment but found herself working late nights with inadequate guidance. She was removed from the assignment the following day.

Minnesota’s chief federal judge Patrick Schiltz found that ICE violated at least 96 court orders in the state during January. In one case, a detained immigrant ordered released by a judge was instead flown to Texas and wasn’t returned to Minnesota for nearly two weeks.

The 427 habeas petitions filed in Minnesota in January compared to the typical 10 or fewer filed in previous months. By early February, the number had surpassed 700. One analysis found detainees prevailed in 134 of 236 cases examined between Jan. 22 and month’s end.


SEE ALSO: Appeals court backs Trump in major fight over detaining long-time illegal immigrants


The 8th Circuit Court of Appeals has asked judges from Iowa, Nebraska, Missouri and North Dakota to help handle Minnesota’s caseload. Judge Daniel Traynor from North Dakota volunteered and has denied releases in all but one of his assigned cases.

Federal agents shot and killed Renee Good on Jan. 7 and Alex Pretti on Jan. 24, both U.S. citizens. Homeland Security Secretary Kristi Noem initially defended the shootings and characterized both individuals as domestic terrorists. The administration later adjusted its messaging.

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Minnesota Attorney General Keith Ellison and the cities of Minneapolis and St. Paul filed suit against the Department of Homeland Security seeking a temporary restraining order. U.S. District Judge Katherine Menendez denied the request, finding the state hadn’t met the legal standard for such relief.

On Wednesday, border czar Tom Homan announced the withdrawal of 700 federal agents from Minnesota, though approximately 2,000 will remain. Minnesota typically has around 150 federal immigration officers. Homan cited cooperation from county jails as a factor in the drawdown.

The legal disputes stem from a July 2025 Justice Department determination that non-citizens should be considered “applicants for admission,” subject to mandatory detention during deportation proceedings. Friday’s 5th Circuit ruling upheld that interpretation, though hundreds of district judges in Minnesota and elsewhere have ruled against the policy.

Mr. Rosen’s office is down to as few as 17 assistant U.S. attorneys from 70 during the previous administration, following resignations after the civilian deaths.

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