Federal Government Moves to Dismiss Hussen v. Noem — Seeks Dismissal of Minneapolis ICE Surge Racial Profiling Lawsuit

The federal government filed a motion to dismiss the Hussen v. Noem class action lawsuit on or around May 4, 2026, according to MPR News. Hussen v. Noem was filed in January 2026 in U.S. District Court for Minnesota challenging ICE's enforcement surge in Minneapolis, which included Operation Metro Surge in late 2025 and resulted in the shooting deaths of two Minneapolis U.S. citizens by federal agents. The class action alleges systematic racial profiling, warrantless arrests, and suspicionless stops of Latino and Sikh residents, with plaintiffs arguing that ICE agents detained individuals based on perceived race or ethnicity with no articulable reasonable suspicion. The federal government's motion to dismiss argues the plaintiffs lack standing, that immigration enforcement falls within executive discretion not subject to judicial second-guessing under existing precedent, and that the Fourth Amendment claims are foreclosed by the Supreme Court's ruling in Egbert v. Boule (2022) which severely limited Bivens claims against federal officers. The case is significant as one of the first major class challenges to Trump second-term interior enforcement operations; if it survives dismissal, it could establish key precedents on constitutional limits of mass immigration enforcement. The shooting deaths that triggered the surge prompted DHS Secretary Kristi Noem's departure in early 2026 and the appointment of Markwayne Mullin.