Legislative Update from Representative Katie Jones
Dear neighbors,
I've received numerous questions recently from constituents across our community seeking clarity about the relationship between Immigration and Customs Enforcement (ICE) and our local law enforcement agencies. Given the range of perspectives and concerns you've shared—from questions about cooperation protocols to worries about community safety and civil liberties—I want to provide you with information about how these agencies interact, what our local policies are, and what this means for our community. This is an issue that affects us all, and you deserve clear answers about how law enforcement operates in our area.
Why can’t the State or City law enforcement protect Minnesotans from federal agents?
Like you, I’m heartbroken and angry with what ICE is doing to Minnesotans. The abductions, violence, racial profiling, and violations of civil rights are inexcusable and dangerous not only for individuals but for our democracy. Our goal is to keep people safe and families whole. We want to take the most effective path to achieve that aim.
With our three branches of government, the executive branch is tasked with implementing the laws including around public safety that the legislative bodies make. In the early days of “Operation Metro Surge” the Minneapolis legislative delegation met with the Mayor and Governor and their respective law enforcement teams asking the exact question, “Why can’t State or City law enforcement protect residents?” We learned that there are problems with jurisdiction and the federal supremacy clause in the Constitution. Our local law enforcement do not have the legal power to remove federal agents or stop federal operations. This is a completely unsatisfying answer.
This is the bind we’re in: we are a nation of laws, and we want all law enforcement to act within legal bounds. However, if our local law enforcement were to directly confront ICE, our locals would be breaking the law.
The risk of being hypocritical is not just a philosophical exercise. There are real consequences. Our democratic majority state is already seen as an enemy by this administration. If Minnesota were to knowingly break laws, the administration could use that as a pretext for federal escalation. There have been many times during this federal occupation of our state that we were on high alert to the federal government bringing in the National Guard against our communities. Recently, President Trump threatened to invoke the Insurrection Act, and it was reported that “some 1,500 active duty personnel have been placed on standby for possible deployment to Minneapolis.” Having more federal troops in the state risks more harm to more Minnesotans.
So, what are you doing?
Minnesota does not have the legal authority nor tools to have direct conflict with federal agents. But we are using every other available tool in our toolbox.
- Attorney General Ellison is suing the federal government to end the blatant violations to the rights of Minnesotans. I hold out strong hopes with this strategy as the courts have overwhelmingly sided with our state in the over 50 lawsuits he’s launched at the Trump administration this term.
- In the legislature, we’re drafting bills to allow Minnesotans to sue individuals for Constitutional violations at the state level, to require any law enforcement to be clearly identifiable and ban the wearing of facemasks, among many others.
- We’re lobbying members of Congress to hold the Department of Homeland Security accountable through appropriations bills that must be passed before Jan. 30th.
- We’re standing up plans to help keep people in their home. Families whose loved ones have been abducted or are no longer able to work due to fear of encountering ICE are at risk of not making rent. We are preparing pathways to make rental assistance available to those impacted.
- We’re daylighting our community’s experiences and the threats of Operation Metro Surge through hearings with the Senate with visiting members of Congress and visiting state legislators as well as press conferences and media opportunities.
At the end of the day, the government’s legitimacy stems from the consent of the governed. While we use every State tool we can to push back on unconstitutional and immoral activity from the federal government, the power of the people is another absolutely essential tool for us to succeed, as we’ve seen with observers and peaceful protesters move public opinion.
How is or isn’t the State cooperating with federal immigration enforcement?
In Minnesota, we follow the law. While the Constitution says that the federal government oversees immigration, it gives states policing powers. From there, states may grant local governments such powers. The anti-commandeering doctrine prohibits the federal government from compelling states to administer federal programs. As a result, federal laws like the Immigration and Naturalization Act say state and local governments may provide immigration status information or cooperate with immigration enforcement but they are not required to.
Current MN State law requires the Department of Corrections, but no local law enforcement, to notify ICE when an individual committed to DOC custody is not a US citizen. MN DOC recently clarified its compliance with this law.
But what about sanctuary cities?
Local law enforcement has the role of arrest and holding suspects in jail while they await a conviction or trial and they may imprison individuals convicted of breaking local laws. In this case, local jurisdictions may choose to not inquire about immigration status and choose not to disclose it to federal authorities. Why might they do this? Evidence has shown that fewer people come forward about crimes if immigration status is known and therefore deportation may be a risk.
If people do not come forward about crimes, there is less accountability and safety in the community. Places with such policies are often referred to as sanctuary cities. There is no law requiring local law enforcement to provide immigration status data or in general cooperate with ICE regarding people in jail, awaiting trial, or otherwise without a conviction. Minneapolis’ Separation Ordinance ensures that the City does not participate in immigration enforcement.
Save the Date - Know your Rights Virtual Q&A Community Session
With all this information in mind, my Minneapolis colleagues and I are teaming up with Hennepin County Commissioner Greene for a “Know your Rights” Info Session on February 5th from 7-8pm.
 Please register and submit questions using this link.
Be Aware of Crowd Sourcing Scams
A note of caution: some people have set up crowdfunding campaigns on sites like GoFundMe, social media, or other platforms for those impacted by the current activities in Minnesota. Many, but not all, of these efforts are legitimate. Bad actors sometimes try to take advantage of people’s generosity by keeping donations for themselves. More information can be found in the Attorney General publication, Don’t Just Follow the Crowd on “Crowdfunding” Websites.
Artistic Act of Resistance TODAY
Today from 4:30pm to 5:30pm, at the north end of Bde Maka Ska we are holding a community political art project to send a universal distress message to the rest of the country and the world about what ICE and CBP are doing to our community. The due process rights of immigrants are not being respected, and the civil rights of American citizens are being violated. Bring warm layers and a windproof candle or lantern to help fill in a football field sized SOS message made out of mulch with lights, which will then be filmed from a drone at sunset with the city skyline in the background, and sent out to the world. This gesture from our community will help drive home the message that what ICE and CBP are doing to our home is wrong and needs to change.
Mutual aid is so valuable at this time. Let’s make sure aid is going where expected.
Mutual aid has been critical to helping so many families stay fed, meet their everyday needs, and pay rent. This Stand with Minnesota mutual aid site has many options to help. A note of caution: my office has not vetted all of these options, so please participate at your own risk. Some people have set up crowdfunding campaigns on sites like GoFundMe, social media, or other platforms for those impacted by the current activities in Minnesota. Many, but not all, of these efforts are legitimate. Bad actors sometimes try to take advantage of people’s generosity by keeping donations for themselves. More information can be found in the Attorney General publication, Don’t Just Follow the Crowd on “Crowdfunding” Websites.
Marching Together
Thousands of Minnesotans came out for the ICE Out of MN Day, a Day of Truth and Freedom last Friday in sub-zero degree weather. The downtown Minneapolis peaceful march demonstrated the intensity that Minnesotans care for our neighbors and stand up for our rights. We collectively demanded that ICE leave Minnesota, that officers that killed civilians be held accountable, no further funding for ICE during the upcoming Congressional budget, and that businesses do not support ICE operations.
 Photos (clockwise from top left): “ICE out for good” march sign; Lt. Governor Peggy Flanagan and her spouse Tom Weber also bundled up for the march; Reps. Clardy, Reyer, and I join the artists of creative protest signs.
Thank you for the honor of representing you at the State Capitol.
Warmly,
Katie Jones
State Representative
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