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Commandeering

Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds

The court ruled the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local governments into giving up their immigration "sanctuary" policies.

Ilya Somin | 6.22.2026 4:37 PM

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Today, in In re Grand Jury Subpoenas, the US District Court for the District of Minnesota invalidated several federal grand jury subpoenas issued against Minnesota state and local government officials, including Governor Tim Walz, and Minneapolis Mayor Jacob Frey. Federal District Judge Patrick Schiltz (a Republican George W. Bush appointee) ruled that the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local government's into giving up their immigration sanctuary policies - which limit assistance to federal efforts to deport migrants. It was part of a broader effort at coercion arising from "Operation Metro Surge," which deployed some 3000-4000 federal agents to Minnesota, in part to pressure state and local officials.

Here's an excerpt from the ruling:

On January 20, 2026, six federal grand-jury subpoenas were served on the record custodians for (1) the Minnesota Governor's office; (2) the Minneapolis Mayor's office;
(3) the St. Paul........

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