Legal and immigration experts have raised concerns about a proposed moratorium on evictions for immigrants in Minnesota, describing it as legally flawed. In January, the city councils of Minneapolis and St. Paul urged Democratic Governor Tim Walz to suspend evictions amid heightened Immigration and Customs Enforcement (ICE) activities. However, experts warn that implementing such a policy could conflict with federal anti-discrimination laws and the Constitution, particularly the supremacy clause, which mandates that federal immigration law prevails over state actions.
“The reality is that local governments can’t just ignore federal laws they disagree with,” commented Matt O’Brien, deputy executive director of the Federation for American Immigration Reform. He described the initiative as an “illegal, performative, virtue stunt.”
The resolution, primarily authored by Minneapolis City Council member Robin Wansley, sought an eviction freeze “during Operation Metro Surge or any future deployments of federal immigration enforcement agents.” It emphasized the need to safeguard “legal guardians and community members who support their neighbors” from federal law enforcement.
According to O’Brien, who has experience in immigration roles at the Department of Homeland Security, creating an eviction halt specifically for immigrants would unfairly discriminate against American citizens who wouldn’t receive similar protections. He added that federal law takes precedence over local statutes, making such bills vulnerable to legal challenges.
Governor Walz previously enacted an eviction freeze during the COVID-19 pandemic. Though he faced lawsuits from landlords who contested this policy, a federal court ultimately dismissed the case, stating that no constitutional rights were violated.
Legal experts, including Zach Smith from the Heritage Foundation, suggest that landlords might invoke the Constitution’s eminent domain clause, which necessitates compensation when private property is seized for public use, in discussions involving immigration-related evictions. Smith advised that city officials should focus on enforcing federal immigration laws and might even have grounds to contest the moratorium as unconstitutional under the Fifth Amendment.
Reports indicate that the Department of Justice has initiated a criminal investigation into whether Governor Walz and Minneapolis Mayor Jacob Frey have obstructed immigration enforcement. The DOJ has issued subpoenas to both leaders.
Additionally, the Justice Department has sued Minnesota, Minneapolis, and St. Paul over sanctuary policies that limit local cooperation with ICE, claiming these practices violate the supremacy clause.
