A federal judge is set to hear arguments on Minnesota’s immigration crackdown

Legal Events

A federal judge will hear arguments Monday on whether she should at least temporarily halt the immigration crackdown in Minnesota that has led to the fatal shootings of two people by government officers.

The state of Minnesota and the cities of Minneapolis and St. Paul sued the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs officer. The shooting of Alex Pretti by a Border Patrol officer on Saturday has only added urgency to the case.

On Monday, President Donald Trump said he is sending border czar Tom Homan to Minnesota. The president’s statement comes after Homeland Security Secretary Kristi Noem and Border Patrol Commander Gregory Bovino, who had become the public face of the administration’s crackdown, answered questions at news conferences over the weekend about Pretti’s shooting. Trump posted on social media that Homan will report directly to him.

Since the original court filing, the state and cities have substantially added to their original request in an effort to restore the order that existed before the Trump administration launched Operation Metro Surge in Minnesota on Dec. 1.

Democratic Minnesota Attorney General Keith Ellison said he plans to attend.

The lawsuit asks U.S. District Judge Katherine Menendez to order a reduction in the number of federal law enforcement officers and agents in Minnesota back to the level before the surge and to limit the scope of the enforcement operation.

Justice Department attorneys have called the lawsuit “legally frivolous” and said “Minnesota wants a veto over federal law enforcement.” They asked the judge to reject the request or to at least stay her order pending an anticipated appeal.

Ellison said during a news conference Sunday that the lawsuit is needed because of “the unprecedented nature of this surge. It is a novel abuse of the Constitution that we’re looking at right now. No one can remember a time when we’ve seen something like this.”

It is unclear when the judge might rule.

The case has implications for other states that have been or could become targets of ramped-up federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia, led by California, filed a friend-of-the-court brief supporting Minnesota.

“If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere,” the attorneys general wrote.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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