'Unprecedented occupation': Minnesota wants expedited discovery to 'bolster the record' in lawsuit against ICE due to 'urgency' of crackdown and 'recently leaked' DHS memos

Minnesota would like to speed up discovery in its lawsuit over the Trump administration's deeply unpopular immigration crackdown in the Land of 10,000 Lakes, according to a Thursday federal court filing.

In a 16-page memorandum supporting the motion for expedited discovery, Minnesota Attorney General Keith Ellison says haste is necessary due to the ongoing "unprecedented occupation."

In December 2025, hundreds of Immigration and Customs Enforcement (ICE) agents began to sweep the Twin Cities of Minneapolis and St. Paul for immigrants in a massive roundup entitled "Operation Metro Surge." Later, ICE's parent agency, the Department of Homeland Security (DHS), boasted the controversial campaign was "the largest immigration enforcement operation ever carried out."

Now, the plaintiffs in the lawsuit aimed at ending the operation want to quickly obtain internal government documents, written responses to questions, and depositions of some of ICE's on-the-ground field agents.

"Operation Metro Surge is not just unlawfully invasive; it is deadly," the memo reads. "Two Minnesota residents were shot and killed by Defendants' agents. And Defendants have engaged in a sweeping pattern of militarized raids, racial profiling, and excessive force against the people of Minnesota. Defendants' unlawful conduct remains unchecked, impeding Plaintiffs' ability to protect the public health, safety, and welfare of their residents."

Attorneys for Minnesota say the state plans to "promptly" file a motion for a preliminary injunction and are seeking "limited expedited discovery to assist them" to help prepare that forthcoming request.

The AG's lawsuit is one of several filed in response to the Trump administration's ongoing actions in Minnesota.

While other litigation has resulted in quick wins for the plaintiffs — though some of those have since been overturned on appeal — and voluble dressings-down of the defendants, the court overseeing the state's official legal reaction has been a bit more muted.

On Jan. 26, during a hearing, U.S. District Judge Katherine M. Menendez, a Joe Biden appointee, appeared skeptical both of the federal government's stated motivations for the crackdown as well as her ability to cabin the behavior of ICE and other federal agents.

On Jan. 31, Menendez denied a motion for a temporary restraining order — while maintaining her skepticism of both sides.

"Because there is evidence supporting both sides' arguments as to motivation and the relative merits of each side's competing positions are unclear, the Court is reluctant to find that the likelihood-of-success factor weighs sufficiently in favor of granting a preliminary injunction," the judge opined in a 30-page order.

But that was then, Minnesota says, arguing the fast pace of the action on the ground necessitates quick adaptation in the halls of justice.

"Plaintiffs respectfully ask the Court to allow the Parties to develop this factual record in a timely manner commensurate with the urgency of the situation," the memo reads.

In the intervening days, Trump administration officials have "lied multiple times" about the level and types of force used against protesters across the country in similar actions, the filing alleges.

And, perhaps even more importantly, the plaintiffs say a series of leaked DHS memos shows federal agents have been authorized "to act unlawfully, including asserting sweeping authority to forcibly enter people's homes without a judicial warrant and to make warrantless arrests of people they believe are undocumented immigrants if they are 'likely to escape' before an arrest warrant can be obtained."

Such developments, in the context of the court's earlier skepticism, warrant a speed run on at least some discovery, the plaintiffs argue.

"To address the factual questions raised by the Court's order, Defendants' declarations, and recently leaked DHS internal memos, Plaintiffs move for limited expedited discovery to bolster the record," the motion goes on. "The Court has raised factual questions about the motivations underlying Operation Metro Surge and Defendants' declarations and the leaked DHS memos raise factual questions about Defendants' policies, practices, training, or rules of engagement with Minnesota residents."

The filing outlines what Minnesota is looking for:

First, Plaintiffs seek documents related to the decision to launch Operation Metro Surge and deploy thousands of Defendants' agents to Minnesota as well as documents related to Defendants' policies, practices, training, or rules of engagement with Minnesota residents. Discovery may also include written reports or summaries of enforcement actions, incident reports, body camera footage, or conduct complaints received by the CBP and ICE Offices of Professional Responsibility. Second, Plaintiffs seek tailored written discovery regarding the justifications for and objectives of Operation Metro Surge, including information about Minnesota residents targeted and arrested during the surge and ICE's ability to carry out arrests and deportations of individuals with ICE detainers, among other things. Third, Plaintiffs will also seek to depose Defendants' declarants.

The memo goes on to request tight deadlines should the discovery request be granted. If the court grants the underlying motion, Minnesota wants the Trump administration to respond to its written discovery requests within seven days and to depose the relevant field agents within 14 days of the would-be order.