GSU professor: Minnesota lawsuit against DHS prompts ‘very unique’ constitutional challenge

(From left to right) U.S. Secretary of Homeland Security Kristi Noem, ICE agents apprehend an unidentified person in Minneapolis, and Minnesota Gov. Tim Walz. (Alex Brandon/Tom Baker/Associated Press/Minnesota Public Radio)

The State of Minnesota’s recently announced lawsuit against the Department of Homeland Security could be difficult to prove in court, according to analysis by a Georgia State University constitutional law professor.

The state’s attorney general, along with the cities of St. Paul and Minneapolis, allege DHS’ mass deployment of immigration agents is a violation of the Fifth and 10th Amendments. DHS says the operation includes over 2,000 agents from Immigration and Customs Enforcement, the largest deployment in the agency’s history.

On Monday, the Trump administration claimed the lawsuit would undermine federal authority and asked U.S. District Judge Katherine Menendez to drop the lawsuit.