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ICE in Minnesota: Sharp drop in weekly immigration habeas filings

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Published  February 23, 2026 4:50pm CST
Investigating ICE
FOX 9
ICE in MN: Sharp drop in immigration habeas filings

ICE in MN: Sharp drop in immigration habeas filings

Immigration-related court challenges dropped significantly last week amid the Trump Administration’s drawdown of Operation Metro Surge. FOX 9's Paul Blume digs into the numbers, and details the lifting of a contempt order.

The Brief

    • Immigration-related court challenges dropped significantly last week amid the Trump Administration’s drawdown of Operation Metro Surge.
    • There had been a significant increase in habeas filings challenging unlawful detentions and arrests over the last few months.
    • Approximately 1,000 habeas cases have been filed in U.S. District Court in Minnesota since Dec. 1.

MINNEAPOLIS (FOX 9) - Immigration arrests in Minnesota appear to be on the decline, with a notable drop in habeas filings in the last week.

Immigration challenges in Minnesota

What we know:

The number of habeas filings, which are constitutional challenges by immigrants against unlawful arrest or detention, has surged with about 1,000 cases filed in Minnesota’s federal court system since Dec. 1.

RELATED: ICE detainees have already filed more habeas petitions than in all of 2025

The civil litigation has swamped the local U.S. Attorney’s Office, leading to dozens of court violations as well as a contempt finding against a government attorney.

Local judges have overwhelmingly sided with the immigrants in these cases – either immediately releasing the individual from ICE custody or providing a bond hearing in Immigration Court where they can argue their case to remain free while fighting to remain in the United States.

According to a review of habeas filings by the FOX 9 Investigators, cases dropped significantly last week following the Trump administration’s announcement of a drawdown to Operation Metro Surge.

By the numbers:

Here's how many habeas cases have been filed per week in Minnesota.

  • Jan. 5-11: 82 habeas cases filed
  • Jan. 12-18: 162 habeas cases filed
  • Jan. 19-25: 152 habeas cases filed
  • Jan. 26-Feb. 1: 198 habeas cases filed
  • Feb. 2-8: 187 habeas cases filed
  • Feb. 9-15: 131 habeas cases filed
  • Feb. 16-22: 46 habeas cases filed

 The Department of Homeland Security recently reported making more than 4,000 "illegal alien" arrests during the enhanced immigration enforcement operations in Minnesota. 

Possible explanations

What they're saying:

Immigration attorneys have told the FOX 9 Investigators they are likely to file habeas claims only when they believe they have a strong case to win, rather than filing a case in every single arrest.

Examples include immigrants with some kind of status – a work permit, a claim of asylum, immediate U.S. citizen family members, or years in this country with no criminal record.

So, one explanation is that more targeted enforcement might be leading to fewer filings.

Another perspective is that ICE may be efficiently moving arrested immigrants to detention centers outside Minnesota.

Habeas litigation is typically adjudicated in the jurisdiction where the detained individual is being held by the government.

So, if a lawyer doesn't file an immediate claim, the case might end up in another state like Texas and thus, would not show up in a local data set.

What we don't know:

It remains unclear if the drop in filings is solely due to more targeted enforcement, a reduction in arrests, or if other factors are influencing the numbers.

Further investigation is needed to understand the full scope of last week’s decline.

Investigating ICEMinnesotaInvestigatorsImmigration