“Feels Like a Cover-Up”: Minnesota AG Keith Ellison Slams Trump Admin over Deadly ICE Crackdown
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Summary
Takeaways
- ❖Minnesota Attorney General Keith Ellison describes the deployment of 4,000 ICE agents to Minnesota as the 'single largest deployment' in U.S. history, representing a 4,900% increase, and characterizes it as 'retribution' for the state's sanctuary laws.
- ❖Ellison's office filed a lawsuit arguing the federal government cannot coerce states into acting as extensions of ICE, citing the 10th Amendment and principles of federalism.
- ❖Federal authorities are accused of obstructing state investigations into the fatal shootings of Renee Good and Alex Prey by ICE agents, including transferring agents out of state, not specifying how many agents wore body cameras, and blocking local access to evidence.
- ❖The federal government's demand for Minnesota's voter rolls in exchange for rolling back aggressive tactics is cited as clear evidence of coercion.
- ❖Georgetown Law Professor Steven Vladic explains that while the Supreme Court has made it difficult to sue federal officers for damages, states retain the right to use their courts for criminal prosecutions to hold federal officers accountable.
- ❖Ellison states that Minnesota 'could' bring charges against agents involved in the shootings, emphasizing that states are the 'last refuge for any chance at justice' given federal unwillingness to provide accountability.
Insights
1Federal Deployment as Coercion and Retribution
Minnesota Attorney General Keith Ellison asserts that the 'single largest deployment' of federal immigration officers in one place at one time in Minnesota, a state not high in immigration, is unjustified and constitutes 'retribution' from the president. He argues this deployment is a coercive tactic to force Minnesota to abandon its sanctuary policies and act as an extension of ICE, violating federalism and the 10th Amendment.
Ellison states, 'This is the single largest deployment of immigration officers in one place at one time in a state that does that is not even in the top of immigration. What justifies this disproportionate flood? Nothing legitimate. But the president has been clear. Retribution.' He adds, 'The federal government cannot coerce us into doing it their way.'
2Allegations of Federal Obstruction in Agent-Involved Shootings
Ellison claims federal authorities are actively obstructing state investigations into the fatal shootings of Renee Good and Alex Prey by ICE agents. This includes transferring agents out of state, refusing to confirm body camera usage or share footage, and blocking local investigators from reviewing evidence, which Ellison describes as a 'cover-up'.
Ellison states, 'Feels like a cover up to me.' He details federal actions: 'frustrate your capability of prosecuting us by grabbing evidence, by spiriting people away out of the state, by allowing our agents to wear masks so they're never accountable.' He also mentions a federal lawyer assuring footage preservation but not confirming sharing with Minnesota authorities.
3States' Right to Prosecute Federal Officers
Both Attorney General Ellison and Professor Steven Vladic affirm that states possess the constitutional right to criminally charge and investigate federal agents who commit crimes within their borders, despite federal attempts to frustrate such efforts. This principle is highlighted as a critical mechanism for accountability when the federal government fails to act.
Ellison states, 'The state government has the right to criminally charge anyone, including a federal agent, who commits a crime in our state. That is not even in serious question.' Professor Vladic adds, 'There's no categorical bar to states using their courts, using their laws, whether it's for damages or for criminal prosecutions as a means of holding federal officers accountable.'
4Supreme Court's Erosion of Federal Accountability
Professor Steven Vladic explains that the Supreme Court has significantly curtailed the ability of citizens to bring damages claims directly against federal officers for constitutional violations (known as 'Bivens' claims). This erosion of remedies means there is less deterrence for federal officers from violating rights, making state-level prosecutions even more critical.
Vladic notes, 'The Supreme Court has actually done a complete about face and has made Bivens virtually impossible to bring these kinds of damages claims.' He concludes, 'The Supreme Court has really hollowed out the spectre of damages remedies, which means not only that you can't recover after the fact... it also means there's nothing deterring these officers from violating your rights.'
Lessons
- States should assert their constitutional right to investigate and prosecute federal agents who commit crimes within their borders, serving as a 'last line of defense' for justice when federal accountability is lacking.
- Advocate for congressional action to restore damages remedies against federal officers for constitutional violations, as the Supreme Court has significantly limited these avenues for accountability.
- Demand transparency from federal agencies regarding agent-involved shootings, including access to body camera footage, crime scene evidence, and the identities of involved agents, to ensure thorough and independent investigations.
Quotes
"This is the single largest deployment of immigration officers in one place at one time in a state that does that is not even in the top of immigration. What justifies this disproportionate flood? Nothing legitimate. But the president has been clear. Retribution."
"The state government has the right to criminally charge anyone, including a federal agent, who commits a crime in our state. That is not even in serious question."
"This is the fundamental essence of coercion. And I'll tell you, there's a lot of case law one where, you know, if Congress were to pass a law encroaching on state authority or if there was an executive order encroaching on state authority, courts would clearly say, 'Oh, you can't do that.' But what about a gun in your face?"
"The states are the last refuge for any chance at at justice."
"The Supreme Court has really hollowed out the spectre of damages remedies, which means not only that you can't recover after the fact when federal officers violate your rights, one, it also means there's nothing deterring these officers from violating your rights."
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