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Mankato council directs staff to prepare amicus brief in lawsuit over federal enforcement activity
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Summary
The Mankato City Council voted Jan. 26 to direct staff to prepare paperwork to file an amicus brief with the state attorney general’s office challenging recent federal immigration enforcement practices; council members and dozens of residents urged legal action and community supports during an extended public comment period.
The Mankato City Council on Jan. 26 directed city staff to prepare paperwork to file an amicus brief with the Minnesota attorney general’s office challenging recent federal immigration enforcement activity and seeking clarity about the federal government's interactions with local communities.
The motion, made by Council Member Lavin and seconded by Council Member Melby Kelly, passed after a lengthy public‑comment period in which residents described fear, alleged impersonation of federal agents, and requests for stronger local protections. The mayor called for the voice vote and the motion was approved. (The council's staff said the council would see the draft brief before staff files it.)
Why it matters: City Attorney Whitmore told the council the complaint filed by the state and the cities of Minneapolis and St. Paul alleges violations of the Tenth Amendment (the anti‑commandeering doctrine) and the Administrative Procedure Act, and that courts will decide the scope of remedies. Whitmore said the case is moving quickly, with additional briefing ordered and proceedings scheduled to reconvene on Jan. 28.
Public commenters urged the council to act. "I am urging the city council to make a motion and approve sending an amicus brief, detailing the ICE activity and its negative impact on our neighbors in the city," said Sophie, a resident who addressed the council during public comment. Other speakers — including health workers, students and longtime residents — described patients and children who are avoiding pharmacies and school because of fear and asked the council to document local harms in court filings.
City staff said they will prepare a draft brief and provide it to the council before filing so the public can review a lay summary. City Attorney Whitmore said other cities' ordinances have largely codified existing local practices and that the court will determine what relief, if any, is available.
Next steps: Staff will prepare a draft amicus brief for council review; the litigation attorney preparing it will make a public, accessible summary available if the council decides to file.
