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ICE litigations lead to 'enormous burden' for MN US Attorney
The U.S. Attorney for Minnesota said his office is too short-staffed to effectively process the "enormous burden" that has come with Operation Metro Surge. FOX 9's Paul Blume has the details.
MINNEAPOLIS (FOX 9) - The U.S. Attorney’s Office for Minnesota is facing challenges with a surge in civil litigation related to immigration enforcement.
What we know:
Federal prosecutors in Minnesota are grappling with a significant increase in legal cases stemming from Operation Metro Surge. The U.S. Attorney's Office is overwhelmed by habeas petitions filed by detained immigrants who claim unlawful detention.
The U.S. Attorney for Minnesota, Daniel Rosen, stated in an affidavit to the 8th Circuit Court of Appeals that the surge in litigation is straining his office's resources. Rosen says the office has redirected its limited resources from other important priorities to address these cases.
"This flood of new litigation imposes an enormous burden on this U.S. Attorney's Office," wrote Rosen.
‘Enormous burden’
By the numbers:
The FOX 9 Investigators had previously reported that the number of habeas cases in January alone had already doubled 2025’s filings.
"The pace of such cases is expected to continue," wrote Rosen.
There have now been more than 700 habeas filings through the first week of February.
The backstory:
Earlier this week, the Department of Homeland Security confidently stated that the Trump administration had the legal infrastructure to navigate the litigation onslaught from Operation Metro Surge.
"The Trump administration is more than prepared to handle the legal caseload necessary to deliver President Trump’s deportation agenda for the American people," a DHS spokesperson said in a statement to the FOX 9 Investigators.
But DOJ attorneys admitted in court records that some prosecutors have had to shift their focus away from federal criminal cases.
"The sheer number of cases, especially in light of the substantial increase in this month alone, is imposing a crushing burden on U.S. Attorney’s Offices," read one motion. "This has, in turn, compelled U.S. Attorney’s Offices to shift resources away from other critical priorities, including criminal matters."
US Attorney Office civil division down 50%
Rosen mentioned that the office’s civil division is down 50% in staffing, and currently operating in a reactive mode, canceling all affirmative civil enforcement work in order to respond to daily hearings on contempt motions.
"The Court is setting deadlines within hours, including weekends and holidays. Paralegals are continuously working overtime. Lawyers are continuously working overtime," Rosen stated.
Rosen and the DOJ are pressing the Appeals Court to fast track a decision on whether the government can legally detain many of the immigrants who are being swept up during the surge in enforcement operations.
But Minnesota’s district court judges have overwhelmingly sided with detained immigrants, ordering their immediate release or providing them a bond hearing in Immigration court while they fight government deportation efforts.
Dozens of court order violations
Dig deeper:
Minnesota's chief federal judge has accused ICE and the Trump administration of violating dozens of court orders, including failures to immediately release immigrants the court has determined are being unlawfully detained.
An ICE attorney recently expressed frustration in court about the challenges of keeping up with the massive influx of litigation and court orders.
"The system sucks, this job sucks," Julie Le, the attorney volunteering to assist the U.S. Attorney’s Office in Minnesota with habeas cases, told a federal judge earlier this week.
The FOX 9 Investigators learned she was removed from her assignment the next day.