License to Punish Whomever They Choose: How Minnesota Must Respond to the ICE Operation & the Weaponization of the Justice System

By Justin Terrell, Executive Director of MNJRC

Along with this blog post, MNJRC also released a memo addressed to local governments including specific recommendations to prioritize transparency as the operation unfolds. Read it here.

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The federal government's ongoing Operation Metro Surge continues into another week, putting Minnesotans on edge regardless of immigration status. Over 95% of the immigrants ICE arrested during the government shutdown don’t even have a criminal conviction, despite the federal government claiming to target those who do. In Minnesota, U.S. Immigration and Customs Enforcement (ICE) officers are primarily patrolling and targeting members of Minnesota’s African and Latino communities. This is not in the interest of public safety; this is a weaponization of our justice system. And when our criminal legal system becomes a weapon against some of the residents it is sworn to protect, it becomes a weapon against all of us. 

And when our criminal legal system becomes a weapon against some of the residents it is sworn to protect, it becomes a weapon against all of us. 

Therefore, it is necessary to speak up, do your homework, and seek solutions. The following statement and attached recommendations are an attempt to do just that. 

At the Minnesota Justice Research Center, we believe that our criminal legal system should be equitable, restorative, and accountable when delivering justice. It should act fairly and protect those historically harmed by the system from being targeted or discriminated against. It should be trustworthy for those who work within it, so that officers know they are following just and humane orders. The system also needs to be effective, so Black and Brown Americans showing up to court aren’t trapped into detention or deportation. And, most importantly, the system must ensure that the resources afforded to it by the people’s tax dollars are being used to administer just policy and practices, instead of targeting and intimidating residents in our state and across our nation. 

Today is showing echoes of our past; we are living in a United States of America, where we are debating who is worthy of the constitutional rights afforded to us by the 13th, 14th, and 15th Amendments. And while we can predict who will be most impacted if these protections go away, we must not assume these consequences are reserved for someone else. 

Rather, this weaponization of the criminal legal system grants the administration license to punish whomever it chooses. They are building a massive infrastructure designed to hunt immigrants and occupy large cities. And they are actively using it against citizens and residents regardless of immigration status or criminality. Being white or living in a suburb or small town will not save you if they decide you are in the way of their goals. Better put by Angela Davis, “if they come for me in the morning, they will come for you in the evening.”

For these reasons, we condemn the weaponization of the Department of Justice, disguised by misleading claims about crime in major cities and immigration enforcement. The overpresence of police, troops, and ICE officers in cities like Minneapolis serves no purpose beyond intimidating and harming the residents. And not just those we know are most vulnerable to arrests—low-income Black, Brown, and immigrant communities—but to the soldier who stands up to challenge his orders, the lawyer whose firm fights the administration in court, the Board Member who is seen by the administration as a DEI appointee. We are all vulnerable. Regardless of who you voted for or what color state you live in, a weaponized justice system has no friends and no restraints on who it will target. 

Fredrick Douglass said, “The limits of tyrants are prescribed by the endurance of those whom they oppress.” It is clear that, in Minnesota, we will continue to witness the weaponization of the criminal legal system until those who feel insulated are affected or until communities impacted directly decide to end it. And for the sake of our democracy and human rights, it must end in DC, Chicago, Minnesota, and everywhere. 

Let me be clear: All local municipalities, counties, and state governments should demand an END TO OPERATION METRO SURGE and all other operations being conducted in the same vein.

At the MNJRC, we dig into criminal justice issues through community-based research. We bring people together across differences to learn from each other, and we develop policies that move the system to be more effective, humane, and trustworthy. We don’t care who you voted for—we care about the fair and equitable administration of just policy and practices. We see the weaponization of the justice system as a problem for everyone. In alignment with our mission, we have composed the memorandum below, offering recommendations to local officials who are in a position to provide guidance to the communities they serve.

VIEW THE MEMO HERE - (or navigate to it on our website at mnjrc.org/resources)

Our recommendations can be summarized into three primary goals: 1) to provide information to communities, 2) to clearly define the role of law enforcement by what they “will do” versus what they “can’t do,” and 3) to ensure the people are aware of violations of individuals’ rights and how to file complaints.

Minnesota is home to good people. We’re people who know how to endure and celebrate cold winters and take full advantage of warm summers. We are built differently. Across our state, we are seeing people come together to support each other. There are sounds of whistles and people shouting in the streets. The neighborhood chats are active, and the community pages on social media have more daily posts than they have had since the uprising. No one is excited about what we are dealing with, but no one can deny that we are built for this. Minnesota has a proven track record of advocating for justice. For Minnesotans, this is just another opportunity to show up for each other. An opportunity to stand in solidarity, where we feel the strongest and believe we will win. 

We hope the people see our recommendations as a resource, but we at the MNJRC know that here in Minnesota, the greatest resource is the people. So here are our recommendations for the community. Check on your people, find an organization or well-organized group you can trust to be safe and peaceful, be vigilant, know your rights, contact your elected officials, and show up. 

Check on your people, find an organization or well-organized group you can trust to be safe and peaceful, be vigilant, know your rights, contact your elected officials, and show up. 

Best to all of you.

-Justin Terrell, Executive Director of the Minnesota Justice Research Center