HCAO Statement on SCOTUS 4th Amendment Order

Over the past few months, the world watched as roving patrols of armed and masked federal agents pulled up to California’s churches, farms, parks, and bus stops to round up U.S. citizens and noncitizens. A federal court ruled that these immigration raids likely violated the Fourth Amendment of the U.S. Constitution, because federal agents were stopping and detaining people based on the type of job someone appeared to work, the location where agents found them, whether they had an accent or spoke a language other than English, and their apparent race or ethnicity, which are not valid reasons to suspect someone is breaking the law. But the Supreme Court of the United States issued an order putting that ruling on hold, allowing federal agents to continue profiling U.S. citizens and noncitizens.

While the Supreme Court’s unsigned and unexplained order applies to a California lawsuit challenging the actions of these federal agents, the order has sent chills through immigrant communities throughout the U.S. and in Hennepin County.

The Supreme Court’s order emboldens those who prey on noncitizen workers, women, and children. Our staff have observed how exploited workers and other crime victims in Hennepin County have receded into the shadows out of fear. Domestic abuse victims have shared that they are afraid to receive victim services, and witnesses are afraid to testify.

But we want our community to know that the Supreme Court’s order does not change our office’s obligation to follow the protections against unreasonable searches and seizures provided to Minnesotans under the state constitution. The Hennepin County Attorney’s Office (HCAO) will not prosecute criminal cases where people are stopped because they work blue-collar jobs, use public transportation, speak English with an accent, or are stopped because of their race or ethnicity. Furthermore, we will prosecute cases where the evidence shows a suspect has used a victim’s occupation, language, race, ethnicity, or immigration status to take advantage of them criminally.

The HCAO is committed to fostering a safe, inclusive, and welcoming community for all, including the frontline workers who harvest the food we eat, build the homes we live in, launch businesses that drive our economy, and care for our loved ones through childcare, eldercare, and healthcare. In service of that commitment, the HCAO will continue upholding the rule of law without favor and without fear.

We also have specialized teams ready to serve you if you are victimized or witness a crime.

Our Victim Services Division and Domestic Abuse Service Center (DASC) offer culturally specific and multilingual victim services. Click here to learn more about DASC.

Our Workers Protection Unit partners with our county’s labor advocacy organizations to investigate and prosecute employers who exploit workers. Click here to learn more.

Our U & T Visa Certification team processes U & T visa forms, allowing crime victims and their families to apply for immigration relief. Click here to learn more.