Know Your Rights if ICE Comes to Minnesota

This page is information, not legal advice. Minnesota has state-level protections against detainer holds without legal authority and limits on 287(g) agreement authority. The Twin Cities have strong non-cooperation policies. Eight counties have 287(g) agreements. Operation Metro Surge (December 2025 through February 2026) was the largest federal immigration operation in U.S. history, resulting in more than 4,000 arrests, two U.S. citizens killed by federal agents, and documented civil rights violations. ICE activity in Minnesota continues. Verify current conditions with the Immigrant Law Center of Minnesota (ILCM), Navigate MN, or a licensed immigration attorney.

Minnesota became the site of the largest federal immigration enforcement operation in U.S. history when the Department of Homeland Security launched Operation Metro Surge in December 2025. More than 3,000 federal immigration agents and officers were deployed to the Twin Cities and throughout the state. The operation resulted in more than 4,000 arrests, including documented arrests of U.S. citizens and lawful permanent residents. Two U.S. citizens - Renée Good on January 7, 2026, and Alex Pretti on January 24, 2026 - were shot and killed by federal agents in Minneapolis. A third person was shot and survived. Human Rights Watch documented that 77.1 percent of those arrested during the surge had no criminal convictions.

The federal government framed Operation Metro Surge as a response to Minnesota being a sanctuary state that impedes immigration enforcement. Minnesota officials, the state's attorney general, and federal courts disputed that characterization. The Minnesota Attorney General had issued two legal opinions in 2025 and 2026 specifically limiting detainer holds and 287(g) agreement authority under state law. Minneapolis and St. Paul had explicit non-cooperation policies. State prisons cooperated with ICE. County jails varied. The operation targeted Minnesota's Somali community - home to the largest Somali diaspora in the United States - nearly all of whom are U.S. citizens or lawful permanent residents.

Border Czar Tom Homan announced the formal end of Operation Metro Surge's surge phase in February 2026. ICE activity in Minnesota continued after that announcement. The operation's legacy - fear, restricted movement, school closures, economic disruption estimated at $700 million in January 2026 alone - remains present in Minnesota's immigrant communities.

Part 1: Your rights under federal law - everywhere, including Minnesota

These rights come from the U.S. Constitution. They apply in Minnesota regardless of immigration status, citizenship, or how you entered the country. They apply during encounters with ICE, CBP, or any federal agent.

At your front door

The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. A judicial warrant is signed by a federal judge, authorizes entry to a specific address, and must be shown before entry is permitted. An administrative warrant - ICE Form I-200 or I-205 - is signed by an immigration officer, not a judge, and does not authorize entry to your home without your consent. Ask through the door which type of warrant is being presented. If it is administrative, you are not required to open the door. During Operation Metro Surge, Human Rights Watch and congressional investigators documented cases of agents entering homes without judicial warrants. This was unlawful. You do not have to consent to entry without a judicial warrant.

During a traffic stop or street encounter

You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.

Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime.

Observing and recording enforcement

You have a First Amendment right to observe and record law enforcement activities in public spaces, including immigration enforcement operations, from a safe distance. This right was exercised by both Renée Good and Alex Pretti before they were shot. Their deaths do not eliminate the legal right. Federal courts have affirmed the right to record police activity. Minnesota state prosecutors charged two ICE officers in separate incidents related to violence against civilians during the surge. The right to record exists; the exercise of that right carries documented risk in environments where federal agents are present.

Do not sign anything without a lawyer

Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.

Part 2: Minnesota Attorney General opinions - the detainer and 287(g) limits

The Minnesota Attorney General's Office has issued two significant legal opinions that define the limits of local cooperation with ICE under Minnesota state law.

February 2025 opinion - no detainer holds without legal authority

The February 2025 Attorney General opinion established that Minnesota law prohibits state and local law enforcement agencies from holding someone based solely on a civil immigration detainer if the person would otherwise be required under state law to be released from custody. An ICE detainer is an administrative request - not a court order - and Minnesota law does not give local agencies authority to extend detention beyond what state law would allow for a civil administrative request. This means that if you would otherwise be released from a Minnesota county jail, a civil ICE detainer alone does not require the jail to hold you.

December 2025 opinion - sheriffs cannot sign 287(g) agreements unilaterally

The December 2025 Attorney General opinion added a second limit: Minnesota law does not permit sheriffs to enter into 287(g) agreements with ICE unilaterally. The authority to enter into such agreements rests with county boards of commissioners, not individual sheriffs. This means that any 287(g) agreement a Minnesota sheriff signed without county board approval may not be legally authorized under state law. The opinion also confirmed that 287(g) agreements do not give local officers broader state law authority than they otherwise have - they cannot detain people for immigration purposes if state law would not otherwise permit that detention.

These opinions are legal guidance from the AG's office, not court orders, but they carry significant weight for Minnesota agencies assessing their legal exposure when cooperating with ICE.

Part 3: The 287(g) landscape - eight counties, varied authority

Eight Minnesota counties had 287(g) agreements with ICE as of late 2025 and early 2026: Cass, Crow Wing, Freeborn, Itasca, Jackson, Kandiyohi, Mille Lacs, and Sherburne. Freeborn, Kandiyohi, and Sherburne counties had longstanding agreements predating the current administration; the others signed in 2025.

Under the December 2025 AG opinion, any 287(g) agreement signed by a county sheriff without county board approval may lack legal authority under state law. Whether existing agreements were properly authorized by county boards, and how individual counties are responding to the AG's opinion, should be verified with the ACLU of Minnesota or ILCM. The opinion also establishes that even where agreements exist, they do not authorize detention beyond what Minnesota state law permits - meaning the February 2025 detainer opinion applies alongside the 287(g) agreements.

Outside the eight counties with agreements, Minnesota state prisons have consistently complied with all ICE detainer requests for people in state correctional custody. The state prison cooperation is separate from county jail cooperation and is not limited by the AG's detainer opinion. People serving state prison sentences in Minnesota who are not U.S. citizens have been transferred to ICE custody upon completion of sentences throughout this period.

Part 4: Twin Cities protections - Minneapolis and St. Paul

Minneapolis passed an ordinance in December 2025 stating that city officers will not arrest or detain people to enforce federal immigration laws and that the city will not enforce civil federal immigration laws. The Minneapolis Police Department does not ask about immigration status during routine stops and will not hold people for ICE based solely on a civil detainer.

St. Paul has maintained similar non-cooperation policies. Both cities were listed by the Department of Homeland Security as sanctuary jurisdictions in August 2025. Operation Metro Surge was partly framed as a federal response to these sanctuary policies. The operation took place within the cities despite those policies - federal agents conducted enforcement independently, without local police assistance.

Minneapolis and St. Paul's policies protect you from local police acting as immigration agents. They do not protect you from direct ICE or CBP enforcement. Federal agents operate with federal authority and do not need local cooperation to arrest anyone anywhere in Minnesota.

Part 5: What Operation Metro Surge documented

Operation Metro Surge is the most significant enforcement event in Minnesota's history and provides documented information about how federal agents operated under surge conditions. Human Rights Watch's 180-page report, issued in June 2026, documented unlawful killings, warrantless home entries, racial profiling, mass detention of people with no criminal records, and the suppression of First Amendment activity. Congressional investigators documented that ICE violated at least 96 court orders in Minnesota since January 1, 2026.

The surge specifically targeted Minnesota's Somali community based on unverified allegations about daycare fraud - a community composed almost entirely of U.S. citizens and lawful permanent residents. The operation also detained people from Latino, Southeast Asian, and other communities of color. Many people sheltered in place and avoided schools, workplaces, and healthcare for weeks.

Operation Metro Surge formally wound down in February 2026. ICE activity in Minnesota continued after the drawdown. As of mid-2026, hundreds of agents remained in the state and arrests continued. The operation's formal end does not mean enforcement has returned to pre-surge levels.

Part 6: What to do right now

Know your A-number and make sure trusted family members have it written down. It is on any prior immigration document.

Know your rights specifically around home entry. During the surge, homes were entered without judicial warrants. This was unlawful. You are never required to open your door for an administrative warrant. Requiring a judicial warrant before opening the door is a legal right.

Know which county you are in. If you are in Cass, Crow Wing, Freeborn, Itasca, Jackson, Kandiyohi, Mille Lacs, or Sherburne county, a 287(g) agreement exists, though its legal authority under the AG's opinion may be limited. If you are in Hennepin or Ramsey county (Minneapolis and St. Paul), local police non-cooperation policies are in effect.

Prepare guardianship documents for any children. The surge created situations where children were left without parents for extended periods. Minnesota now allows parents facing detention or deportation to pre-arrange guardianship through legal processes. Contact ILCM or Navigate MN for assistance.

Set up a financial power of attorney so a trusted person can manage accounts and property if you are detained.

Part 7: Legal help and resources in Minnesota

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services throughout Minnesota. They have been at the center of legal response to Operation Metro Surge and continue to provide direct representation and community education. Their website is ilcm.org.

Navigate MN connects immigrants to legal and social services and provides know-your-rights resources. Their website is navigatemn.org.

The ACLU of Minnesota has been engaged on the AG's opinions, the legal aftermath of Operation Metro Surge, and ongoing enforcement monitoring. Their website is aclu-mn.org.

Mid-Minnesota Legal Aid provides free legal services in the Twin Cities region including immigration matters.

The Minnesota chapter of the Council on American-Islamic Relations (CAIR-MN) has been a central resource for the Somali community during and after Operation Metro Surge.

For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov. Minnesota detainees may be held at Freeborn County Jail, Kandiyohi County Jail, Sherburne County Jail, or transferred to out-of-state facilities. Call the ICE Detention Reporting and Information Line at 1-888-351-4024 if your person does not appear in the locator.

Immigration Advocates Network lists Minnesota legal providers at immigrationadvocates.org.

Minnesota has stronger state-level legal protections against civil detainer holds and unauthorized 287(g) agreements than most states, established through two AG opinions. Minneapolis and St. Paul maintain explicit non-cooperation policies. But Minnesota was also the site of the largest federal immigration enforcement operation in U.S. history, which killed two U.S. citizens, arrested thousands including people with no criminal records, and documented widespread civil rights violations. Your constitutional rights apply in full: your home is protected from warrantless entry, your right to remain silent is unchanged, your right to record law enforcement in public exists. These rights exist. The exercise of them carries documented risk in an active enforcement environment. Knowing your rights, knowing the legal opinions that protect you, and having legal contacts before a crisis are the foundations for protecting your family in Minnesota.

This page reflects conditions as of mid-2026. The February 2025 and December 2025 AG opinions are in effect. Operation Metro Surge's surge phase ended in February 2026 with ICE activity continuing. Eight counties had 287(g) agreements as of late 2025. Verify the current status of those agreements and ongoing enforcement conditions with ILCM or the ACLU of Minnesota.