A federal judge is weighing whether to grant a temporary restraining order that would halt a surge of Immigration and Customs Enforcement agents operating in Minnesota.

During a hearing, attorneys for the state asked U.S. District Judge Laura Provinzino Menendez to immediately block what the administration calls Operation Metro Surge.

The lawsuit argues the expanded federal immigration enforcement presence is causing widespread harm and may violate the 10th Amendment, which reserves powers not delegated to the federal government to the states or the people.

The state told the judge that since the lawsuit was filed, following the shooting of Renee Good, another person, Alex Pretti, was shot and killed by federal agents.

Minnesotas attorney said the operation is leading people to forgo medical care. In one jurisdiction, the attorney said, learning has essentially stopped because families and students are afraid.

The state also cited economic impacts, with restaurants, businesses and events closing or altering operations. One person compared the disruption to the COVID-19 pandemic, the attorney said.

Judge Menendez questioned whether the federal governments actions violate the 10th Amendment and whether the court has the authority to intervene.

Justice Department attorneys, for their part, said the surge is not intended to enforce federal law. They argued the operation is tied to Minneapolis status as a sanctuary city.

Judge Menendez asked whether the surge would end if local governments complied with federal demands. DOJ attorneys did not say definitively what would happen next.

The hearing ended without an immediate ruling. Judge Menendez said the issue is a priority for the court.

If I had a burner, this would be on the front burner, she said.

U.S. Vice President JD Vance has suggested that Immigration and Customs Enforcement (ICE) agents are protected by absolute immunity from prosecution over their actions. However, legal experts say ICE agents can still face criminal charges or civil lawsuits.

The question centers on the balance between federal officers duty to protect lives and civil rights, and their own legal protections when making split-second decisions in dangerous situations. In some circumstances, law enforcement officers could have a degree of immunity.

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Homeland Security Secretary Kristi Noem said Thursday that ICE agents performing immigration crackdowns nationwide have followed the law. In Minnesota, where Renee Good was recently shot and killed by an ICE agent, some state officials disagree.

Minnesota Gov. Tim Walz has been urging citizens to record ICE operations, saying video footage could help build evidence for potential prosecutions if federal officers commit illegal acts.

Rupa Bhattacharyya, legal director at the Institute for Constitutional Advocacy and Protection, told Scripps News there is no blanket immunity for federal law enforcement officers.

Whether or not an officer is liable, whether or not an officer is following the law, depends on facts, she said.

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Despite Vances remarks, civil litigation remains a possibility for agents accused of wrongdoing.

Instead of suing the United States under the Federal Tort Claims Act, you can sue the officer in their individual capacity, meaning damages would get paid out of the officers own funds, not the United States funds, Bhattacharyya said.

Even if criminal charges are never filed, dropped or dismissed, an officer could still face a lawsuit. In Goods case, her family has hired attorneys who plan to conduct their own civil investigation into her death.

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