MINNEAPOLIS — The American Civil Liberties Union of Minnesota today announced that it is seeking dismissal of Hussen v. Mullin, the lawsuit filed to stop federal immigration agents from unlawfully stopping, arresting, and racially profiling Minnesotans.
The dismissal is not the end of the fight. It is the next step on the road to hold the federal government and federal immigration agents accountable. The Hussen v. Mullin plaintiffs have filed administrative claims with the federal government, and once that process is complete, they will return to federal court to resume their fight for accountability.
Hussen v. Mullin was filed in federal court on behalf of Minnesotans whose Fourth and Fifth Amendment rights were violated by federal agents during Operation Metro Surge. The suit sought emergency injunctive relief to halt unconstitutional stops, warrantless arrests, and racial profiling by Immigration and Customs Enforcement, Customs and Border Protection, and other federal agents.
On March 9, 2026, the Hussen v. Mullin court found that federal immigration agents had applied unconstitutional policies to Minnesotans, stopping people solely based on their race or ethnicity, and arresting people without warrants or the probable cause required by the Constitution. Although the plaintiffs offered extensive evidence of the widespread application of these policies and the harms they caused to Minnesotans and the court found that federal agents were systematically acting unconstitutionally, the court did not issue an injunction halting the unconstitutional conduct.
Even so, the court confirmed what Minnesotans reported from the beginning: federal agents used systemic, unconstitutional practices to unlawfully racially profile, detain, and arrest Minnesotans who were trying to safely go about their daily lives. “The court’s findings were clear: federal immigration agents violated the Constitution. Now we are taking the next step toward accountability for the people who were unlawfully stopped, detained, handcuffed, shackled, assaulted, and humiliated solely because of the color of their skin,” said ACLU-MN Staff Attorney and lead attorney Catherine Ahlin-Halverson.
ACLU-MN and co-counsel the American Civil Liberties Union, Covington & Burling LLP, and Greene Espel PLLP have filed notices with the Department of Homeland Security under the Federal Tort Claims Act on behalf of clients harmed by federal agents. The FTCA requires harmed individuals to first submit administrative claims to the federal government before filing suit in federal court. ACLU MN will pursue that administrative process and, when the law allows, return to court to seek accountability from the agents and agencies responsible.
“Our clients’ and witnesses’ brave testimony showed the court and the country that federal immigration agents systematically violated Minnesotans’ constitutional rights,” said Kate Huddleston, Senior Staff Attorney at the ACLU Immigrants' Rights Project. “The next step is accountability for federal agents’ police-state tactics targeting Minnesotans of color.”
Background
ACLU-MN and partners filed Hussen v. Noem on Jan. 15, 2026, during Operation Metro Surge, after receiving reports that federal agents were stopping, questioning, detaining, and arresting Minnesotans without lawful basis. The case alleged violations of the Fourth Amendment’s protection against unreasonable seizures and the Fifth Amendment’s guarantee of due process and equal protection.
The court denied preliminary injunctive relief on March 9, 2026, but made significant findings supporting plaintiffs’ constitutional claims. The court concluded that the plaintiffs were likely to succeed on key Fourth Amendment claims and found that federal agents had adopted unconstitutional stop and arrest policies.
ACLU-MN will continue pursuing accountability through the FTCA administrative process and future litigation when that process permits.
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.