Democracy Now
Democracy Now
January 27, 2026

“Feels Like a Cover-Up”: Minnesota AG Keith Ellison Slams Trump Admin over Deadly ICE Crackdown

Quick Read

Minnesota Attorney General Keith Ellison details the state's lawsuit against the Trump administration's 'unprecedented' ICE deployment, alleging federal coercion, obstruction of justice in agent-involved shootings, and a 'cover-up' of evidence.
Minnesota sued the Trump administration over an 'unprecedented' ICE deployment, calling it 'retribution' for sanctuary policies.
Federal authorities are accused of obstructing state investigations into fatal ICE shootings by moving agents and withholding evidence.
States are asserting their right to prosecute federal agents for crimes, challenging federal attempts to evade accountability.

Summary

Minnesota Attorney General Keith Ellison discusses the state's lawsuit challenging the Trump administration's deployment of thousands of federal immigration agents to Minnesota, framing it as a disproportionate 'invasion' and 'retribution' for the state's sanctuary policies. Ellison alleges federal authorities are obstructing state investigations into fatal shootings by ICE agents, citing the transfer of agents, withholding of body camera footage, and refusal to share evidence. He highlights the federal government's attempt to coerce policy changes, including demanding access to voter rolls, and criticizes the Supreme Court's role in limiting federal officer accountability, emphasizing the critical role of states in prosecuting crimes committed within their borders.
This case establishes a precedent for states challenging federal overreach and asserting their sovereign right to investigate and prosecute federal agents for crimes committed within their jurisdiction. It underscores the tension between state and federal power, particularly concerning immigration enforcement and accountability for law enforcement actions, impacting civil liberties and the balance of power in the U.S. legal system.

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."

Keith Ellison
"

"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."

Keith Ellison
"

"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?"

Keith Ellison
"

"The states are the last refuge for any chance at at justice."

Keith Ellison
"

"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."

Steven Vladic

Q&A

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