ACLU ICE lawsuit over use of force during Operation Metro Surge dismissed

MINNEAPOLIS (FOX 9) - A federal judge dismissed a lawsuit filed by the American Civil Liberties Union against the Department of Homeland Security during Operation Metro Surge.

ACLU ICE lawsuit dismissed 

What we know:

The lawsuit accused immigration agents of using excessive force against protesters and observers, including the widespread use of chemical munitions and pepper spray. 

U.S. District Court Judge Katherine Menendez granted the federal government’s motion to dismiss late last week, which argued the plaintiffs in the case no longer have standing because the operation has ended.

"In short, they are no longer able to show that they are ‘immediately in danger’ of sustaining some direct injury as the result of challenged official conduct," Menendez wrote in her order.

The backstory:

Menendez issued a preliminary injunction against the federal government in January after finding DHS had created a "crisis-like" atmosphere.

"In response to these protests and observer activity, the agents allegedly pulled over, detained, pepper sprayed, or otherwise retaliated against Plaintiffs, violating their First and Fourth Amendment rights," Menendez wrote at the time. "The record presents dozens of nearly identical episodes like this." 

The federal appeals court reversed Menendez’s injunction. 

The ACLU of Minnesota then filed an amended complaint which included more than a hundred affidavits from protesters and observers.

ACLU: ‘We will not stop fighting for them’

What they're saying:

But Menendez said the situation has changed dramatically since White House Border Czar Tom Homan announced a drawdown of federal agents and the ending of the surge in February.

Menendez said the "significant reduction" in the number of agents along with tactical changes means the named plaintiffs in the lawsuit can no longer claim they face imminent risk of harm.

"Simply put, without agents conducting widespread at-large arrests, plaintiffs would not continue to engage in the protest strategies – or be harmed," Menendez wrote.

In a statement, the ACLU of Minnesota said it was disappointed by the federal court’s decision.

"We filed seeking relief for protesters, observers, and journalists who were stopped, arrested, brutalized, detained, and sprayed with chemical munitions in the course of exercising their First Amendment rights during Operation Metro Surge."

What's next:

Menendez also denied the ACLU’s request for discovery, which would have produced DHS policies, records and communications related to Operation Metro Surge.

"We are reviewing this decision and assessing our next steps," the ACLU said in a statement.

"We will not stop fighting for them, and for everyone harmed by Operation Metro Surge, until the government answers for its violent, unconstitutional assault on Minnesotans. We are resolute: this fight is not over."

One named plaintiff who claims he was labeled a ‘domestic terrorist’ by DHS can file another lawsuit detailing his accusations, Menendez ruled.

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