Maybe this new draft article will be helpful! papers.ssrn.com/sol3/papers....
09.03.2026 23:58
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Maybe this new draft article will be helpful! papers.ssrn.com/sol3/papers....
Video of the March 2025 fatal shooting of American citizen Ruben Ray Martinez obtained by CBS News appears to contradict claims by federal officials that Martinez was shot by an ICE agent because he "accelerated" and "intentionally ran over" another agent with his car.
![As noted, Rosen asserted in his email that "[t]he lawyers in my civil division
didn't deserve" the supposedly inaccurate January 28 order. Putting aside the fact that
the January 28 order was not inaccurate, Rosen failed to mention that this Court said the
following in the show-cause order that preceded the January 28 order:
The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources.
ECF No. 7 at 2 n.1.
The judges of this District have been extraordinarily patient with the government
attorneys, recognizing that they have been put in an impossible position by Rosen and
his superiors in the Department of Justice (leading many of those attorneys- including, unfortunately, Ana Voss- to resign). What those attorneys "didn't deserve" was the
Administration sending 3000 ICE agents to Minnesota to detain people without making
any provision for handling the hundreds of lawsuits that were sure to follow.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreicr5bo7wzyf54cgwvlf5ada722e6fs6b5f2ycbxh33lqnwi57m3ve)
As noted, Rosen asserted in his email that "[t]he lawyers in my civil division didn't deserve" the supposedly inaccurate January 28 order. Putting aside the fact that the January 28 order was not inaccurate, Rosen failed to mention that this Court said the following in the show-cause order that preceded the January 28 order: The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources. ECF No. 7 at 2 n.1. The judges of this District have been extraordinarily patient with the government attorneys, recognizing that they have been put in an impossible position by Rosen and his superiors in the Department of Justice (leading many of those attorneys- including, unfortunately, Ana Voss- to resign). What those attorneys "didn't deserve" was the Administration sending 3000 ICE agents to Minnesota to detain people without making any provision for handling the hundreds of lawsuits that were sure to follow.
If anything is "beyond the pale," it is ICE's continued violation of the orders of this Court. Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders. The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt -again and again and again - to force the United States government to comply with court orders. -5- CASE 0:26-cv-00107-PJS-DLM Doc. 12 Filed 02/26/26 Page 6 of 6 This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt. One way or another, ICE will comply with this Court's orders. Dated: February 26, 2026 (s/ Patrick J. Schiltz Patrick J. Schiltz, Chief Judge United States District Court
BREAKING: Judge Patrick Schiltz in Minnesota threatens criminal contempt, if necessary, to address ICE noncompliance in an order calling out U.S. Attorney Daniel Rosen's response to Schiltz's earlier questions about noncompliance with court orders.
"ICE will comply with this Court's orders."
The new dismissals are in addition to at least three other instances of protesters who had charges dismissed in January and February.
Minnesota’s federal judiciary has issued another civil contempt finding against the U.S. government tied to violations of orders in immigration cases that continue to flood the courts.
I’ve got a new paper draft discussing law enforcement agencies’ efforts to obscure their officers’ identities. Including but not limited to masked DHS agents,with a couple ideas for lawyers interested in litigating these practices. papers.ssrn.com/sol3/papers....
A MN protester accused of assaulting ICE officer had case dropped after vids showed no assault.
LA protester accused of assaulting ICE w/ “hat” had case dropped; judge said govt acted in “bad faith”
In Chicago, 92 ppl were arrested for assault/impeding ICE; 0 convicted
DOJ keeps lying and losing:
JUST IN: Judge Provinzino in Minnesota has held a Justice Department attorney in civil contempt for violations of her order requiring the return of a released ICE detainee’s ID documents. He must pay $500 a day until the documents are returned.
Congrats!
BREAKING: DOJ moves to drop criminal charges in alleged shovel/broom attack in Minneapolis that led ICE to open fire. "Newly discovered evidence in this matter is materially inconsistent with the allegations in the Complaint Affidavit," prosecutors say. www.documentcloud.org/documents/26...
Federal officials for days claimed a snow shovel and broom attack led an agent to shoot one of the men in the leg.
No grand jurors found the Trump DOJ met low probable cause threshold in failed indictment of Democratic lawmakers
www.nbcnews.com/politics/tru...
One man tracking people being deported & deportation flights at the Minneapolis airport.
One person creating a record for future inquiries & potential prosecutions.
Trevor Paglen's deep surveillance documentation now being done by everyday people.
www.npr.org/2026/02/06/n...
MINNEAPOLIS (AP) — Alberto Castañeda Mondragón says his memory was so jumbled after a beating by immigration officers that he initially could not remember he had a daughter and still struggles to recall treasured moments like the night he taught her to dance. But the violence he endured last month in Minnesota while being detained is seared into his battered brain. He remembers Immigration and Customs Enforcement agents pulling him from a friend’s car on Jan. 8 outside a St. Paul shopping center and throwing him to the ground, handcuffing him, then punching him and striking his head with a steel baton. He remembers being dragged into an SUV and taken to a detention facility, where he said he was beaten again. He also remembers the emergency room and the intense pain from eight skull fractures and five life-threatening brain hemorrhages.
ICE told nurses this Minneapolis man “purposefully ran headfirst into a brick wall.”
What actually happened is that they pulled him from a car, beat him so viciously with a steel baton that he had 8 skull fractures, 5 life-threatening brain hemorrhages, and couldn’t remember he had a daughter.
JUST IN: 2 school systems in MN file suit to block ICE enforcement near schools. Doc: storage.courtlistener.com/recap/gov.us...
!["On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1
More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI.
Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet].](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/bafkreicrroq5taft777rmau2ffjlsphbcatlxnwwigf2yekoke533yycim)
"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1 More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet].
So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem
![has terminated every TPS country designation to have reached her desk—twelve countries up,
twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite
country) faces merely “concerning” conditions cannot be squared with the “perfect storm of
suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified
Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that
she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8
U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all.
See id. Her “national interest” analysis focuses on Haitians outside the United States or here
illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section
IV.A.3.b. And though she states that the analysis must include “economic considerations,” she
ignores altogether the billions Haitian TPS holders contribute to the economy. See id.
The Government’s primary response is that the TPS statute gives the Secretary
unbounded discretion to make whatever determination she wants, any way she wants. And, yes,
the statute does grant her some discretion. But not unbounded discretion. To the contrary,
Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to
replace executive whim with statutory predictability. See Section I.A.
As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS
holders are speculative. But the Department of State (State) warns [screenshot]](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/bafkreid3cmawech25ummuj2tjvgxsrvufma2kmrijlfpglalwddd3qkikq)
has terminated every TPS country designation to have reached her desk—twelve countries up, twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite country) faces merely “concerning” conditions cannot be squared with the “perfect storm of suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8 U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all. See id. Her “national interest” analysis focuses on Haitians outside the United States or here illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section IV.A.3.b. And though she states that the analysis must include “economic considerations,” she ignores altogether the billions Haitian TPS holders contribute to the economy. See id. The Government’s primary response is that the TPS statute gives the Secretary unbounded discretion to make whatever determination she wants, any way she wants. And, yes, the statute does grant her some discretion. But not unbounded discretion. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to replace executive whim with statutory predictability. See Section I.A. As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS holders are speculative. But the Department of State (State) warns [screenshot]
Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs will not certainly suffer irreparable harm because DHS might not remove them. But this fails to take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section IV.B.2.b. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.
It's a tour de force:
storage.courtlistener.com/recap/gov.us...
Eight additional federal prosecutors are in the process of leaving the Minnesota U.S. Attorney's Office, according to multiple sources with knowledge of the situation. The departures follow the mass exit of six veteran prosecutors who left the office last month in protest of recent directives from the U.S. Department of Justice, including the department's refusal to initiate a civil rights investigation into the killing of Renee Good. Among those leaving is Ana Voss, the civil division chief, who has been helping to handle hundreds of wrongful detention petitions flooding the office since federal officers began their immigration crackdown in Minnesota.
Breaking: Eight more prosecutors are leaving the U.S. Attorney’s Office in Minnesota, including Ana Voss, the current civil division chief, the Star Tribune reports.
www.startribune.com/ice-raids-mi...
CNN in Minneapolis: We are seeing thousands and thousands of people, we've been standing on the corner here for the past ten minutes. This this crowd has not let up. It's just continuous.
Read SCHILTZ’s full order: storage.courtlistener.com/recap/gov.us...
"[W]hat they discovered in the frozen North was something different: a real resistance, broad and organized and overwhelmingly nonviolent, the kind of movement that emerges only under sustained attacks by an oppressive state." via @adamserwer.bsky.social
www.theatlantic.com/ideas/2026/0...
Man shot by federal agents has died, police chief says
www.startribune.com/ice-raids-mi...
Tomorrow’s front page of the Minnesota Star Tribune: Jan. 23, 2026
I went to Minneapolis last week. What I saw was horrifying and inspiring in equal measure. Gift link to my latest column: www.nytimes.com/2026/01/19/o...
Nasra Ahmed, 23, was walking through the parking lot of her aunt’s St. Paul apartment complex when she found herself surrounded by 12 agents. Ahmed, born in the USA, says she showed them her I.D. She was forcefully detained and jailed anyway for more than 2 days. www.twincities.com/2026/01/18/s...
Sober, precise read of relevant law from Seth Stoughton (who I don't think is on here), a former colleague and the best police lawyer I know:
verdict.justia.com/2026/01/09/t...
This is correct. Immunity for federal agents accused of state crimes is complex, but it is certainly not “absolute.”
"Residents will be able to submit evidence through this link...,posted on social media and on our website. The most important element of this situation is collecting and preserving the maximum amount of evidence so a case file can be as complete as possible." www.hennepinattorney.org/news/news/20...
This is not the law.
