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