Rights at the Border: How ICE Stops Prompt Questions for Citizens

The ACLU is suing the Department of Homeland Security over Operation Metro Surge, alleging that federal agents are conducting unconstitutional stops and racial profiling in Minneapolis. The lawsuit highlights a shift toward 'enforcement-first' policies, including door-to-door neighborhood investigations by USCIS. As detention rates climb and ICE staffing expands, legal experts are urging residents to understand their rights regarding searches, warrants, and silence during federal encounters.

Rights at the Border: How ICE Stops Prompt Questions for Citizens
Key Takeaways
  • The ACLU filed a class-action lawsuit challenging suspicionless stops and racial profiling in Minneapolis.
  • Operation Metro Surge has deployed 2,000 agents and introduced controversial neighborhood investigations for naturalization applicants.
  • ICE detention numbers rose 78% while the agency hired 12,000 new employees within a single year.

(MINNEAPOLIS, MINNESOTA) — A new ACLU class-action lawsuit filed Thursday is challenging what it calls “suspicionless stops” and racial profiling tied to Operation Metro Surge, a large federal enforcement push that has also swept U.S. citizens into street encounters and vehicle stops in Minneapolis and nearby suburbs.

The case, Hussen v. Noem (filed Jan. 15, 2026), comes as DHS and USCIS defend an “enforcement-first” posture that now includes USCIS-led “neighborhood investigations” for naturalization applicants—an approach that civil liberties groups say blurs the line between benefits adjudication and policing.

Rights at the Border: How ICE Stops Prompt Questions for Citizens
Rights at the Border: How ICE Stops Prompt Questions for Citizens

DHS has not publicly detailed how agents are instructed to distinguish citizens from noncitizens during fast-moving operations, but the new lawsuit puts the Fourth Amendment front and center.

Operation Metro Surge and USCIS “neighborhood investigations”

Operation Metro Surge, according to multiple published accounts and agency briefings, involves roughly 2,000 agents deployed across several cities, including Minneapolis, Chicago, and Portland. The initiative has paired high-visibility arrests with increased screening activity tied to immigration benefits.

USCIS, in an end-of-year review posted to its newsroom on Dec. 22, 2025, described a new tool: “neighborhood investigations.” The agency said their purpose is to verify “aliens’ eligibility for naturalization” by reviewing residency, good moral character, and “loyalty to the U.S. Constitution,” among other factors.

USCIS stated it began conducting neighborhood investigations in November 2025. Although naturalization is governed by INA § 316 and implementing regulations, USCIS has broad authority to examine eligibility and credibility, including through interviews and field inquiries.

Critics argue that door-to-door style checks can invite mistakes and intimidation when paired with enforcement operations.

Warning

If federal agents ask to enter your home, you typically have the right to refuse entry unless they have a judicial warrant signed by a judge. Ask to see it and read the address and scope.

Official statements, use-of-force narratives, and the new posture

DHS has publicly framed recent encounters as necessary for officer safety and effective arrests. In a widely reported statement about a Minneapolis incident involving Aliya Rahman, a U.S. citizen allegedly pulled from her vehicle, a DHS spokesperson described her as an “agitator who was obstructing ICE agents conducting arrests in the area,” according to the Washington Post (Jan. 16, 2026).

In another Minneapolis incident that turned fatal, DHS stated agents confronted a “weaponized vehicle” and “fired when the driver of the vehicle tried to run them over,” as reported by The Guardian (Jan. 7, 2026). DHS has also cited what it describes as an “8,000% increase in threats” against officers to justify enhanced security measures, including more protective tactics at arrest scenes.

Acting ICE Director Todd Lyons, in an interview circulated by ICE public affairs and cited by the Brennan Center, said in November that the agency would scrutinize protest activity and “track the money” behind “ringleaders,” describing some protesters as “professional agitators.”

Policy details: fraud probes, detention numbers, and rapid hiring

Several policy moves have intensified anxiety for immigrants and their families. USCIS fraud initiatives—Operation PARRIS and Twin Shield—were announced as reexaminations of thousands of refugee cases and applications.

The initiatives reportedly rely on a “Homeland Defenders” team with delegated law enforcement authorities from DHS Secretary Kristi Noem.

Detention trends have also drawn scrutiny. As of mid-December 2025, ICE held 68,440 people in detention, representing a 78% year-over-year increase, according to reporting that cited publicly tracked detention data. Deaths in custody were reported to have reached 32 in 2025.

ICE also announced on Jan. 3, 2026, that it had hired more than 12,000 new officers and employees in less than a year. DHS has cast these staffing levels as necessary to meet enforcement goals.

Deadline/Time-sensitive

If you or a loved one is detained, request the A-number immediately and seek counsel fast. Many immigration court and custody deadlines move in days, not weeks.

The legal fault line: Fourth Amendment limits in immigration operations

The new litigation focuses on constitutional limits that apply even when immigration enforcement is involved. The Fourth Amendment generally requires that seizures be reasonable.

In practice, that often means agents need at least reasonable suspicion for a brief stop, and probable cause for an arrest. Distinct standards can apply at the border and its “functional equivalent,” but Minneapolis and other interior cities are not border checkpoints.

The ACLU suit alleges masked agents stopped individuals without individualized suspicion, used warrantless arrests, and relied on racial profiling. One named plaintiff, Mubashir Khalif Hussen, a 20-year-old U.S. citizen, alleges he was stopped while walking to lunch.

These claims also intersect with long-standing disputes over ICE “administrative warrants.” An ICE administrative warrant is not the same as a judicial warrant. It may authorize certain immigration actions, but it does not automatically permit entry into a home without consent.

Warning: You can ask, “Am I free to go?” If the answer is no, you are being detained. You can also say you want to remain silent and ask for a lawyer.

Oversight fight: congressional access to detention facilities

Congressional oversight has become its own battleground. In January 2026, Secretary Noem reinstated a policy requiring lawmakers to provide seven days’ notice before visiting detention facilities.

Democratic members of Congress have argued the notice rule undermines real-time oversight of conditions. Litigation or further administrative changes may follow, but no court ruling has yet resolved the dispute.

What affected communities should do now

For immigrants in affected cities, attorneys say the immediate focus should be on documentation and risk assessment. Lawful permanent residents and naturalization applicants should keep records organized, including proof of residence, tax filings, and any criminal disposition paperwork.

Naturalization applicants should also prepare for the possibility of field verification tied to neighborhood investigations, while remembering that USCIS interviews remain a formal process with notice requirements.

U.S. citizens who are stopped during operations should document badge numbers, vehicles, and the location if safe to do so. People who believe they were unlawfully stopped may want to consult civil rights counsel in addition to immigration counsel.

Official updates are typically posted at the USCIS Newsroom, DHS News Releases, and the ICE Newsroom.

Note

Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Consult a qualified immigration attorney for advice about your specific situation.

Resources

  • AILA Lawyer Referral

People also ask

Answers from VisaVerge guides
What are U.S. citizens and noncitizens' rights during federal immigration enforcement actions in Minnesota?

During federal immigration enforcement actions, everyone in the Twin Cities has the right to remain silent and refuse consent to a search.

Read: Minnesota Businesses Struggle Amid ICE Enforcement Actions This Winter
What legal protections do noncitizens have during ICE check-ins?

Noncitizens have the Fifth Amendment privilege against self-incrimination and are entitled to basic procedural safeguards in immigration custody.

Read: Texas Teen and Mother Detained by ICE During Routine San Antonio Check-In
What legal protections do U.S. citizens and residents have against racial profiling by ICE?

U.S. citizens and residents are protected under new court orders that bar ICE from stopping or detaining individuals based on appearance, language, or job type.

Read: Can Immigration Agents Stop Anyone Who Looks Latino? Courts Respond
What are travelers' rights during an interaction with ICE agents at MSP Airport?

Travelers have the right to remain silent and speak with a lawyer, and they also have the right to refuse consent to searches in many situations, though these rights can depend on their immigration status and where the encounter happens.

Read: ICE Document Checks at MSP Airport Expanded to Jet Bridge Patrols
How can individuals protect their rights during an encounter with immigration officers?

Individuals should note a dated copy (PDF or screenshot) of any policy page, press release, or memo they rely on before sharing it or acting on it to help verify guidance existed at the time.

Read: Scrutiny Over Use of Force in Federal Immigration Enforcement and Uscis
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Oliver Mercer

As Chief Editor at VisaVerge.com, Oliver Mercer steers the site's editorial direction with a particular focus on Canadian and Oceania immigration — from Express Entry and provincial programs to Australian and New Zealand visa routes. He curates and edits content, guides the writing team, and safeguards factual accuracy across every article. Under Oliver's leadership, VisaVerge has become a trusted source for clear, comprehensive immigration guidance.

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