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Minnesota Attorney General Keith Ellison's Standoff with Federal Immigration Enforcement

1/22/2026, 2:18:52 AM

Legal Memo Against ICE Cooperation

Minnesota Attorney General Keith Ellison (D) has issued a legal memo aimed at preventing local sheriff's departments from entering into 287(g) agreements with Immigration and Customs Enforcement (ICE). These agreements allow local law enforcement to identify and transfer criminal illegal aliens to ICE for deportation. Ellison's memo asserts that only county boards of commissioners can sign such agreements, claiming that Minnesota law does not grant sheriffs the authority to do so. Critics, including House Majority Whip Tom Emmer (R-MN), argue that Ellison's memo lacks legal standing and that sheriffs retain the authority to cooperate with federal immigration authorities.

Context of the Dispute

The memo comes amid heightened tensions surrounding ICE's operations in Minnesota, particularly following the January 7 shooting of Renee Nicole Good by an ICE officer during an enforcement operation. This incident has sparked protests and calls for accountability, leading to a broader investigation into the actions of state officials, including Ellison, by the U.S. Department of Justice (DOJ). The DOJ is reportedly considering subpoenas for Ellison, Governor Tim Walz, and Minneapolis Mayor Jacob Frey as part of its inquiry into potential obstruction of federal officers.

Protests and Legal Implications

Ellison has defended recent protests against ICE, including a notable incident where demonstrators stormed a church in St. Paul, accusing the pastor of being an ICE agent. He characterized the protest as a legitimate exercise of First Amendment rights, despite the DOJ's investigation into potential violations of the Freedom of Access to Clinic Entrances (FACE) Act and the Ku Klux Klan Act. Critics, including law professor Jonathan Turley, have argued that Ellison's interpretation of the law is incorrect and that the protesters may face legal repercussions.

Federal Response and Criticism

In response to Ellison's actions, Tom Homan, former acting director of ICE, criticized the attorney general's stance, asserting that federal law supersedes state law and warning that interfering with ICE operations is a felony. Homan emphasized that the Trump administration's immigration enforcement policies are designed to uphold federal law, which he claims is being undermined by Minnesota officials.

Official Statements & Responses

Ellison has publicly condemned the DOJ's investigation as politically motivated, stating, “Instead of seriously investigating the killing of Renee Good, Trump is weaponizing the justice system against any leader who dares stand up to him.” He has also vowed to resist federal pressure, asserting that local law enforcement should focus on state priorities rather than federal immigration enforcement.

Conflicting Reports & Gaps

There is a notable discrepancy between Ellison's interpretation of the law regarding local cooperation with ICE and the views expressed by federal officials and critics. While Ellison maintains that local law enforcement is not obligated to assist federal immigration efforts, Homan and others argue that federal law mandates cooperation. The ongoing investigations and protests highlight the complexities and tensions surrounding immigration enforcement in Minnesota.

What's Next

The situation remains fluid as the DOJ continues its investigation into the actions of Minnesota officials and the protests against ICE. The outcomes of these inquiries may have significant implications for local law enforcement's role in immigration enforcement and the broader political landscape in Minnesota.