Minnesota corrections officials dispute accusations from feds

Minnesota corrections officials dispute accusations from feds
By: CBS Politics Posted On: February 04, 2026 View: 2

For weeks, Trump administration officials have been demanding more cooperation from the state of Minnesota and the city of Minneapolis in detaining and turning over people accused of being in the U.S. illegally and have accused the state of blocking their efforts. A state official says Minnesota has complied with U.S. requests regarding its non-citizen prisoners — but immigration authorities have not asked to take custody of a significant number of them.

Federal officials, including White House border czar Tom Homan, have told state and local leaders: "Let us into your prisons, let us into your jails." They say they're looking for the "worst of the worst" offenders among the criminals living illegally in Minnesota, and they want immigration "detainers" — administrative requests sent by Immigration and Customs Enforcement to a state prison or county jail asking to be notified before a person is released. In some cases, they ask the facility to hold that person briefly so federal agents can take custody.

The Trump administration has said the state is not honoring detainer requests from ICE, which Department of Corrections Commissioner Paul Schnell strongly denies

He told CBS News, "We notified them. They did not issue detainers."

Schnell said the state carried out a review of its prison population and found that 380 non-U.S. citizens are currently in Minnesota custody statewide. Of those, he added, 270 had active ICE detainers, leaving 110 people that the federal government could have placed detainers on but did not — even after state authorities notified the Department of Homeland Security. 

He argued the lack of action by DHS undercut federal claims that Minnesota is blocking access to its prisons.

"When they say, 'Let us into your prisons,' our response is, 'we are notifying you — and you're not even requesting everyone you could,'" Schnell said. "Collaboration, conversations, working together to know who these targets are — that does make good sense, and that has not happened to date."

In a statement to CBS News, DHS said: "Minnesota Department of Corrections sent ICE a list of possible illegal aliens in the state's custody, some of whom on the list were naturalized citizens and green card holders that would not be subject to deportation. Before we lodge detainers or make arrests, we do our research to verify citizenship and alienate. We are still reviewing the list in its entirety."

Because detainers are not signed by a judge, many states — including Minnesota — treat them with some caution. Local officials in Minnesota say holding someone past their scheduled release without a court order can raise constitutional concerns and expose local agencies to legal liability. Historically, Minnesota's state practice has been to notify and coordinate with ICE when a non-citizen is released from custody, without extending their detention.

That said, Hennepin County Sheriff Dawanna Witt told CBS News this week that she has left the door open to limited cooperation. The sheriff of Minnesota's largest county, home to Minneapolis, says she's considering whether to notify ICE before releasing people accused of the "worst of the worst" crimes: murder, rape and violent felonies.

Homan suggested the timing of a federal drawdown could be "dependent upon cooperation," though on Wednesday, Homan said federal authorities would withdraw 700 law enforcement personnel from Minnesota immediately. His announcement came a day after Schnell told CBS News there have been "conversations" with the federal government, including with people who report to Homan. 

But Schnell said details on the de-escalation in the immigration crackdown in Minnesota remain "sketchy." He also said he remains "deeply concerned" about tactics that are still being reported, including agents appearing at bus stops and entering apartment buildings without a clear, targeted list of priorities.

"We don't want roving bands of agents going into apartment buildings and asking people for their papers," Schnell said. "We want a focused, targeted operation aimed at people who actually pose a risk to public safety."

Minnesota cannot release people early from state sentences to federal custody because the state has its own obligations to victims and courts, Schnell said. The state's position is that ICE can take custody after a sentence is completed, but it cannot override a state court judgment.

The immigration operation in the Minneapolis area — known as Operation Metro Surge — began in early December and has led to more than 3,000 arrests. The operation has drawn stiff criticism from state and local officials over agents' tactics, which intensified after 37-year-old Alex Pretti was shot by a Border Patrol agent and a Customs and Border Protection officer on Jan. 24. Weeks earlier, Renee Nicole Good was shot by an ICE agent in Minneapolis.

What Minnesota wants from the federal government

Schnell outlined two demands for the federal government.

Minnesota Gov. Tim Walz has asked for a "dramatic and sizable" reduction in federal personnel, arguing there is "no justification" for the scale of the deployment given the actual number of people in Minnesota who could be subject to removal. 

Second, the state is demanding a credible, transparent joint investigation into the deaths of Pretti and Good, with state access to evidence in both cases. State authorities have alleged the federal government has blocked them from accessing evidence on the two fatal shootings.

"A credible investigation means a full review of evidence," Schnell stated, including interviews with everyone involved, coordination between federal and state investigators, and consideration of both criminal law and civil rights law.

Asked whether he is confident in the investigations now, Schnell said plainly: "Where it sits today? No. I think there is good reason for us to be concerned."

The FBI took the lead in investigating Pretti's death last week, a shift after DHS's Homeland Security Investigations division was previously tasked with handling the investigation. Deputy Attorney General Todd Blanche said last week the Justice Department's Civil Rights Division is also looking into the incident, calling the division "the best experts in the world at this" and saying a federal probe is "what we would always do in circumstances like this." 

He said the decision to move the Pretti case to the FBI was "a good move," but added that the lack of detail from federal authorities has been a problem from day one.

Fear of collateral damage to public safety

Schnell echoed concerns raised by local sheriffs and police chiefs throughout Minnesota that criminals could exploit the chaos that has arisen during the federal surge. 

But he added that the real risk is broader: distrust of law enforcement, fear in immigrant communities, disruption of normal policing and erosion of government credibility.

"Governmental trust is fundamental," he said. "When we don't have it, we have a problem."

Schnell commended Minnesota law enforcement for trying to manage a difficult situation responsibly — protecting the public while preventing confrontations from becoming explosive — but added that restoring trust will take time.

"We are not out of the woods yet. We have work to do."

Recent conversations with federal government officials have begun to refocus federal officials on "professional, constitutional policing" and accountability, according to the commissioner. 

"Accountability has to be on the government as well as the public," he said. "Misinformation fuels mistrust — and mistrust is our biggest problem right now."

Read this on CBS Politics
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