Has ICE taken illegal immingrants out of MN prisons?
Executive summary
Yes — federal reporting and state records show ICE has taken non‑citizens from Minnesota prison custody into federal immigration custody, but the scope and legality of those transfers are disputed: DHS and ICE characterize many removals as enforcement of detainers for criminal aliens [1] [2], while Minnesota officials and court filings say routine custody transfers and post‑release handovers have been mischaracterized and that some federal actions violated court orders [3] [4] [5].
1. What the federal government says: large removals of “criminal illegal aliens”
The Department of Homeland Security and ICE have publicly framed their Minnesota operation as a sweep to remove “the worst of the worst,” asserting thousands of arrests and more than 1,360 detainers in state custody and touting thousands of enforcement actions during “Operation Metro Surge” [1] [2]. DHS released lists and statements calling on state officials to honor ICE arrest detainers and argued that many people in Minnesota custody were eligible for federal removal because of criminal convictions [6] [1].
2. What state and local officials say: routine transfers, notification law, and mischaracterization
Minnesota’s Department of Corrections and state officials push back, saying state prisons routinely notify ICE when a non‑citizen is being released so federal agents can coordinate a lawful pick‑up, and that conflating jails and state prisons misleads the public [3]. The state has accused DHS of publishing false arrest claims by mischaracterizing these custody transfers as new arrests on streets rather than scheduled handovers after completion of sentences [7] [3].
3. Legal conflict and court findings that complicate the picture
That factual clash has produced litigation and contested court rulings: Minnesota’s attorney general and several cities sued to halt the surge, alleging unconstitutional conduct and unlawful tactics [8], while reporting indicates a federal judge found ICE violated numerous court orders in Minnesota since January 1, 2026, a finding cited in multiple summaries of the operations [5] [9]. Appeals courts have sometimes sided with the federal government on what tactics are permissible, further muddying the legal terrain [10].
4. On‑the‑ground practices: detainers, transfers, and high‑profile incidents
Reporting from local outlets and national papers shows concrete examples of transfers and controversial detainer use: state DOC materials explain that transfers to federal custody occur at facilities like the Bishop Henry Whipple Federal Building after DOC notifies ICE, and as of a late‑January update the DOC said a small number of people had been transferred to ICE custody in 2026 [11]. At the same time, highly visible enforcement actions and clashes — including shootings and protests — have amplified questions about whether some detentions were warrantless or occurred in sensitive locations [8] [12].
5. Why sources disagree and what that means for determining “illegal” removals
The difference in narratives flows from competing incentives and definitions: DHS emphasizes criminal history to legitimize removals and press political pressure on local officials [6] [2], while Minnesota officials emphasize statutory notification procedures and accuse the federal government of inflating street arrests for political effect [3] [7]. Independent watchdogs and civil libertarians have challenged both tactics and outcomes, demanding investigations into alleged misconduct and noting deaths in ICE custody nationally as context for concern [13]. Where reporting lacks direct documentation, it is not possible from these sources alone to quantify how many transfers were post‑release pickups versus warrantless street arrests; both types are asserted in the record [4] [14] [3].
6. Bottom line answer to the question asked
ICE has indeed taken non‑citizens out of Minnesota prisons and into federal custody, but whether those removals are properly characterized as arrests of people “released from jails and prisons” versus routine, coordinated custody transfers after sentence completion is disputed by DHS and Minnesota officials and has been litigated in federal court [1] [3] [5]. The evidence in the provided reporting shows both that transfers from state prison to ICE custody occurred and that federal claims about mass street arrests and unlawful releases have been contested and, in some instances, accused of misrepresentation [2] [7] [4].