Senior judicial analyst Andrew Napolitano said to Newsmax Monday that a federal judge considering whether to block the "ICE surge" in Minnesota will need to build a factual record through testimony before ruling on claims the operation violates the state's 10th Amendment rights.
Napolitano made the comments on "Newsline" after Minneapolis Police Chief Brian O'Hara said U.S. District Judge Katherine Menendez will consider whether the administration's influx of federal immigration agents unlawfully intrudes on Minnesota's sovereignty.
The state, along with Minneapolis and St. Paul, has sued Department of Homeland Security officials over the expanded enforcement effort, arguing it has disrupted local policing and crossed constitutional lines.
Napolitano framed the dispute as one that will focus on what is happening "on the ground."
"Well, this is a factual analysis. In other words, she [Menendez] would have to hold a trial — a hearing — not with a jury. She'd be the finder of fact, and she'd have to take testimony from the Minneapolis police chief, from ICE agents, from state officials, from federal officials," Napolitano said.
He summarized Minnesota's claim as alleging the Immigration and Customs Enforcement "surge is suffocating local law enforcement to the point where local law enforcement can't even do its job. And that denies Minnesota its sovereignty."
Napolitano added, "That's a fascinating, fascinating argument."
Menendez has already signaled the case raises uncommon questions and has moved to accelerate deadlines while the court gathers information. The Trump administration, for its part, has argued Minnesota is effectively trying to block federal enforcement authority and urged the court to reject efforts to quickly halt the operation.
Napolitano suggested the judge could temporarily limit federal activity while developing the record.
"She may very well restrain ICE for a couple of weeks while she holds this hearing," he said but stressed that a ruling would require evidence because a debate is likely "as to what happens on the ground," he said.
"The judge cannot rule without taking testimony because there's going to be a dispute as to what happens on the ground."
"Is ICE just doing its job, or is ICE behavior interfering with the state officials doing their job? That's what she has to resolve," said Napolitano.
O'Hara has publicly criticized federal tactics tied to the surge in recent weeks as state and local officials press the court to define the boundary between federal immigration enforcement and state policing authority.
His comments come amid public outcry after federal immigration agents fatally shot a man in Minneapolis on Jan. 24 during "Operation Metro Surge," a large DHS enforcement effort.
Federal authorities said the individual was armed and resisted attempts to be disarmed, prompting defensive gunfire.
Local officials reported the death of 37-year-old Alex Pretti, and protests erupted as demonstrators demanded answers and accountability.
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