ICE Versus the States: State-Law Remedies for Federal Lawlessness

Join the University of St. Thomas Law Journal as we welcome scholars, local officials, and practitioners to examine the legal and constitutional implications of Operation Metro Surge. This Symposium will explore the Operation's impact on federal-state relations, the heightened tensions surrounding federal enforcement actions, and the legal remedies available to states seeking to hold the federal government accountable for unlawful conduct. Through firsthand experience and expert analysis, our panelists will unpack the trauma and resilience of our communities.

This symposium is applying for 6.0 Minnesota CLE credits, including 4.0 Standard CLE credits, 1.0 Elimination of Bias credit, and 1.0 Ethics credit. CLE credit approval is pending.

Please note that panels are subject to change.

Info: Interim Dean Jerome Organ and Professor Michael Stokes Paulsen will give opening remarks, giving context for the topic and introducing the speakers.

Info: This panel will examine Operation Metro Surge in Minnesota and similar federal actions nationwide, including federal and state authority and official and unofficial responses. The panel will also examine how race, ethnicity, immigration status, and implicit or explicit bias may affect experiences with federal immigration enforcement and the legal system, including disparate impacts on immigrant communities and communities of color.

Panelists: Pam Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford; Vikram Amar, Daniel J. Dykstra Distinguished Professor of Law, UC Davis; and Emmanuel Mauleón, Associate Professor of Law, University of Minnesota: Julie Jonas, Professor at the University of St. Thomas School of Law.

Info: This panel will examine civil-law remedies available to states and individuals seeking redress for unlawful conduct by federal agents. Panelists will explore the boundaries between federal and state authority, including doctrines that may limit state-law claims against federal officials and circumstances in which state courts or civil remedies may provide a path to accountability. The discussion will consider practical challenges and implications for federalism, individual rights, and government accountability.

Panelists: Akhil Amar, Sterling Professor of Law and Political Science, Yale Law School; Trevor Morrison, Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus, NYU School of Law; and Jason Mazzone, Albert E. Jenner, Jr. Professor of Law and Director of the Illinois Program in Constitutional Theory, History, and Law, University of Illinois Urbana-Champaign. Moderator: Gregory Sisk, Associate Dean for Research and Professor of Law at the University of St. Thomas.

Info: In this conversation, former Chief Judge Patrick Schiltz and Professor Michael Stokes Paulsen will examine Operation Metro Surge through the lens of the federal judiciary. As Chief Judge of the District of Minnesota during the height of ICE activity in Minnesota, Judge Schiltz confronted a series of unprecedented legal and constitutional questions alongside his colleagues. This discussion will explore his role in issuing key decisions that shaped the legal landscape surrounding Metro Surge and the principles that underpin his steadfast commitment to justice. Judge Schiltz will also reflect on the litigation arising from Metro Surge and the lessons those cases offer about the role of the federal courts in times of heightened tension between federal and state authority.
Speakers: The Honorable Patrick Schiltz, United States District Court Judge for the District of Minnesota; and Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law.

Info: This panel will examine the legal authority and practical challenges involved in pursuing state criminal remedies for unlawful conduct by federal agents, including state criminal jurisdiction and obstacles to prosecution. The panel will also examine the professional and ethical responsibilities of prosecutors and government attorneys, including obligations under the Minnesota Rules of Professional Conduct, prosecutorial discretion, prosecutorial independence, and duties when state and federal authority conflict.

Panelists: Dan Richman, Paul J. Kellner Professor of Law, Columbia Law School; Mary Moriarty, Hennepin County Attorney; Joe Thompson, Founding Partner, Thompson Jacobs PLLC and former Acting U.S. Attorney for the District of Minnesota; Moderator: Rachel Moran, Professor of Law and Robins Kaplan Director of Clinical Education at the University of St. Thomas School of Law.

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