An Open Letter to the Minnesota Law Community

In light of recent events in Minnesota, the LPE Blog is republishing an open letter, signed by seventy-two University of Minnesota Law Faculty.

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We, the undersigned faculty of the University of Minnesota Law School, write in our individual capacities to address the federal government’s ongoing campaign of fear, intimidation, and violence against Minnesotans. 

Like many of you, we have spent the last several weeks witnessing federal agents traumatize, assault, arrest, deport, and kill our friends, neighbors, and loved ones in the name of “immigration enforcement.” Somali, Latine, and Southeast Asian communities have borne the brunt of the federal government’s terrorizing campaign. We are horrified by federal agents’ killing of Renee Good and Alex Pretti, and we are deeply disturbed by the daily lawlessness and brazen abuses of power by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.  

As scholars, teachers, and practitioners of the law, we feel compelled to speak out about this ongoing threat to our communities and our democracy. 

The First Amendment is supposed to protect the rights of speech and assembly precisely so that people can observe, criticize, and protest the government in public spaces. Yet, we have witnessed masked agents pointing guns at legal observers, tackling bystanders, and indiscriminately deploying “less lethal” weapons against peaceful protesters at close range. 

The Fifth Amendment guarantees equal treatment under the law, but racial profiling is the animating logic of this campaign. Courts, state officials, and community members have reported countless instances of agents stopping and detaining Minnesotans based solely on their appearance, accent, or perceived ethnicity. The Fifth Amendment further promises due process of law to everyone, regardless of immigration status. Yet countless noncitizens have been denied that process, often in direct violation of federal court orders. 

The Fourth Amendment is supposed to prevent the government from stopping, searching, or arresting us without a valid legal basis. But dozens of Minnesotans have been detained through indiscriminate containment, warrantless holds, and street stops later deemed unlawful. Many of these incidents have been captured on video: a barely-dressed elderly citizen pulled from his home in subfreezing weather without a warrant, drivers removed from their cars through shattered windows at gunpoint only to be released without charges, a five-year-old boy with a lawful asylum claim detained on his way home from preschool. Taken together, these incidents reflect a flagrant disregard for the Constitution and for the dignity of Minnesotans.

We are also outraged by the federal government’s efforts to shield federal agents from accountability, and by federal officials’ statements that seem to encourage continued escalation by ICE and by CBP, including false assertions that agents hold absolute immunity shielding their lawless actions. In a democratic society, actions as serious as these should be met with inquiry and accountability. Instead, federal officials have doubled down, including the Secretary of Homeland Security implying collective punishment by speaking from a podium emblazoned with the phrase “One Of Ours, All Of Yours.”

These last few weeks have laid bare the consequences of unconstrained power. But alongside this repression, there is extraordinary strength and solidarity. From neighbors delivering groceries, to lawyers and health care professionals volunteering their skills, to the thousands of people enduring sub-zero temperatures to exercise their right to protest, Minnesotans are joining together to defend our communities and our democracy. They are inspiring people all over the country in their steadfastness, courage, and creativity. We stand with them and with Minnesota.

Sincerely,