Judge finds 'troubling' evidence ICE agents stopped people based on racial, ethnic identity
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A federal judge in Minnesota found evidence to support claims that U.S. Immigration and Customs Enforcement agents racially profiled Minnesota residents. However, he denied a request to order ICE to stop using those practices while a lawsuit against the agency continues.
The lawsuit includes U.S. citizens and immigrants who say federal agents stopped and arrested them without warrants or probable cause, and disproportionately targeted Somali and Latino residents. The plaintiffs sought a temporary stop to ICE agents’ actions, saying that, as people of color, they faced future harm from the agents.
“The evidence from individual encounters is compelling and troubling,” wrote U.S. District Judge Eric Tostrud in an order issued Monday. “About two dozen people were stopped without reasonable suspicion in Minnesota from mid-December 2025 to mid-January 2026.”
However, he said the plaintiffs failed to show they faced future harm, largely due to the reduction in ICE agents’ presence in the state.
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Last week, U.S. Sen. Amy Klobuchar told MPR News that she was informed by a White House official that the number of federal agents in the state is a “bit over 100,” which is around the normal number of agents stationed here. Klobuchar said she was also told there were some additional agents still in the state to work on fraud investigations.
That compares to several thousand agents in Minnesota at the peak of what the White House called “Operation Metro Surge.”
The ACLU, which is representing the lawsuit plaintiffs, expressed disappointment with Tostrud’s decision.
"After hearing the brave testimony of Minnesotans who were racially profiled by federal immigration agents, the court found that our clients made a clear showing that the agents were following an unlawful policy to stop and arrest Minnesotans in violation of their Fourth Amendment rights,” said ACLU-MN staff attorney Catherine Ahlin-Halverson.
“The Court repeatedly found that federal agents stopped Minnesotans solely because of their race and ethnicity, and not for any lawful immigration purpose. While we’re disappointed not to have a preliminary injunction in place, we will continue to pursue accountability, and this decision is an important step in that direction."
The case includes testimony and signed declarations from people who say they were racially profiled by ICE agents. Tostrud wrote that he agreed with nearly two dozen people, including a Somali American woman, identified as F.A., who said she was stopped by ICE agents on her way to work in Rogers in January.
“F.A. believes she was stopped because of her skin color, appearance, and hijab. I agree,” Tostrud wrote. “The agents gave no reason for the stop, they presented no warrant, and F.A.’s vehicle was registered in a citizen’s name.”
There were about a half dozen or so instances where the judge said there wasn’t enough evidence to show ICE agents had profiled people.
