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Case Name Arias v. U.S. Immigration and Customs Enforcement IM-MN-0003
Docket / Court 0:07-cv-01959-ADM-JSM ( D. Minn. )
State/Territory Minnesota
Case Type(s) Immigration
Case Summary
On April 19, 2007, a group of Latino plaintiffs filed a lawsuit in the U.S. District Court for the District of Minnesota, challenging a series of raids by immigration agents of the U.S. Immigration and Customs Enforcement Division ("ICE") and local police officials in and around Willmar, Minnesota, ... read more >
On April 19, 2007, a group of Latino plaintiffs filed a lawsuit in the U.S. District Court for the District of Minnesota, challenging a series of raids by immigration agents of the U.S. Immigration and Customs Enforcement Division ("ICE") and local police officials in and around Willmar, Minnesota, between April 10 - 14, 2007. Plaintiffs alleged that the raids, which were conducted pursuant to "Operation Crosscheck", were the calculated product of racial and ethnic profiling of Latinos and resulted in egregious violations of plaintiffs' Fourth, Fifth, Sixth, and Fourteenth Amendment Rights. Plaintiffs further alleged that defendants violated the Immigration and Nationality Act and the Immigration Reform and Immigrant Responsibility Act of 1996. In connection with the Complaint, plaintiffs requested a TRO to stop further unlawful raids and unconstitutional practices.

Following a hearing on April 26, 2007, the District Court (Judge Ann D. Montgomery) denied plaintiffs' request for a TRO.

Plaintiffs filed an amended complaint filed on 7/25/2007 to which the federal defendants responded by moving to dismiss the case for lack of jurisdiction or, in the alternative, for failure to state a claim.

On April 23, 2008, the court (Judge Ann D. Montgomery) granted the United States defendants' motion to dismiss in their official capacity, but not in their individual capacity. 2008 WL 1827604 Arias v. U.S. Immigration & Customs Enforcement Div. of Dep't of Homeland Sec., No. CIV. 07-1959 ADMJSM, 2008 WL 1827604 (D. Minn. Apr. 23, 2008). The court granted the Bivens defendants' motion to dismiss with respect to removal-proceeding and removed plaintiffs, but denied the motion as to citizen plaintiffs and legal-alien plaintiffs. The court also granted in part and denied in part city defendants' motion, allowing the individual-capacity claims to go forward but dismissing the official capacity claims. Similarly, the court dismissed supervisory-liability claims against county defendants, but no the individual claims.
On May 16, 2008, the court denied the remaining defendants' motion for summary judgment. The U.S. defendants sued in their individual capacity appealed on June 20, 2008.
In July 2009, the court granted defendants' summary judgment motion except as to one claim for illegal entry against an ICE deportation officer. Arias v. U.S. Immigration & Customs Enforcement Div. of the Dep't of Homeland Sec., CIV 07-1959 ADM/JSM, 2009 WL 2171037 (D. Minn. July 17, 2009). The defendants interlocutory appeal was therefore moot.

On July 28, 2009, defendants filed a motion requesting sanctions against plaintiffs' attorneys. The court denied the motion on September 2, 2009. Arias v. U.S. Immigration & Customs Enforcement Div. of Dep't of Homeland Sec., CIV. 07-1959 ADM/JSM, 2009 WL 2900315 (D. Minn. Sept. 2, 2009)
On January 29, 2010, the parties stipulated to dismiss the case. The case was dismissed on February 2, 2010.

Dan Dalton - 09/24/2007
Jennifer Bronson - 12/07/2013


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
Bivens
42 U.S.C. § 1983
Defendant(s) City of Atwater Police Department
City of Willmar Police Department
Department of Homeland Security
Kandiyohi County Sheriff’s Department,
U.S. Immigration and Customs Enforcement
Plaintiff Description Latino individuals subjected to raids and searches by agents of the United States Immigration and Customs Enforcement Division (“ICE”) of the Department of Homeland Security and local police in and around Willmar, Minnesota, between April 10 – 14, 2007.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
0:07-cv-01959-ADM-JSM (D. Minn.) 05/12/2010
IM-MN-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs’ Amended Complaint for Declaratory and Injunctive Relief and Damages 04/24/2007
IM-MN-0003-0001 PDF | Detail
Response of Federal Defenants 04/25/2007
IM-MN-0003-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief and Damages 07/27/2007
IM-MN-0003-0003 PDF | Detail
Memorandum Opinion and Order 04/23/2008 (2008 WL 1827604) (D. Minn.)
IM-MN-0003-0007 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Second Amended Complaint for Declaratory and Injunctive Relief and Damages 04/30/2008
IM-MN-0003-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 05/16/2008 (D. Minn.)
IM-MN-0003-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 09/02/2009 (D. Minn.)
IM-MN-0003-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Reentry 11/24/2009 (D. Minn.)
IM-MN-0003-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Mayeron, Janie S. (D. Minn.) [Magistrate]
IM-MN-0003-9000
Montgomery, Ann D. (D. Minn.) [Magistrate]
IM-MN-0003-0004 | IM-MN-0003-0006 | IM-MN-0003-0007 | IM-MN-0003-0009 | IM-MN-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ebert, Matthew S (Minnesota)
IM-MN-0003-9000
Edin, Gloria Contreras (Minnesota)
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Long, Robert C (Minnesota)
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Shulman, Daniel R (Minnesota)
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Stover, Jason J (Minnesota)
IM-MN-0003-9000
Thompson, Travis C (Minnesota)
IM-MN-0003-9000
Defendant's Lawyers Anderson, Scott T. (Minnesota)
IM-MN-0003-9000
Angolkar, Stephanie A. (Minnesota)
IM-MN-0003-9000
Benson, Erin E. (Minnesota)
IM-MN-0003-9000
Brooker, Gregory G (Minnesota)
IM-MN-0003-9000
Bryan, Lonnie F. (Minnesota)
IM-MN-0003-0002 | IM-MN-0003-9000
Goering, Ann R. (Minnesota)
IM-MN-0003-9000
Iverson, Jon K (Minnesota)
IM-MN-0003-9000
Juncaj, Gjon (District of Columbia)
IM-MN-0003-9000
Langel, Joseph J. (Minnesota)
IM-MN-0003-9000
Paulose, Rachel K (Minnesota)
IM-MN-0003-0002
Whitmore, Pamela Fisher (Minnesota)
IM-MN-0003-9000
Other Lawyers None on record

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