Inside the lawsuit: Duluth School District sues Kristi Noem
Homeland Security Secretary Kristi Noem, center, speaks during a press conference Friday, Oct. 24, 2025, in Minneapolis.
(AP Photo/Tom Baker)
DULUTH, Minn. – The Duluth School District has sued Secretary of the U.S. Department of Homeland Security Kristi Noem, plus other people and agencies, in an effort to stop most immigration enforcement actions near schools.
John Magas
(Duluth Area School District)
The 33-page lawsuit filed on February 4, 2026, argues current enforcement actions are very different than past practices – without an excuse for the change. The suit was also in partnership with the Fridley School District and the Education Minnesota teachers’ union. It says the actions are harming students.
The lawsuit explains how these policies are impacting the Duluth School District and students. It claims, “Duluth Schools has seen increased absenteeism among its students from immigrant communities because, due to the threat of ICE enforcement near school grounds and bus stops, they do not feel safe coming to school. Duluth Schools is left with the decision to either expand online learning options for students, or risk that students will accrue more than 15 consecutive absences and be unenrolled from the school.”
The suit points to the Trump administration changing decades-old policies of very rarely taking law enforcement actions in and near schools. The lawsuit argues the Department of Homeland Security did not explain why the policy of “more than 30 years… had failed”. It quotes a Department of Homeland Security news release saying, “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest.”
The suit features a 2025 quote from then-Acting Secretary of the Department of Homeland Security Benjamine Huffman saying the decision to carry out enforcement actions at or near schools should be left to federal agents’ individual discretion. Huffman said the decision making should be guided only by the “common sense” of agents in the field. Previously, actions near schools needed approval of supervisors – that is now gone.
The lawsuits list past federal practices to build upon their point. In 1993, the Acting Associate Commissioner of the Immigration and Naturalization Service said federal agents should “minimize the impact on the operation of the school.” In 2003 Immigration and Naturalization Service was rolled into what is now known as the Department of Homeland Security. The suit also features a 2007 quote from ICE policy saying, “The presence [of ICE] agents conducting investigative activity at schools, or in venues where children’s activities occur, has always been a point of particular sensitivity . . . . Accordingly, it is important to emphasize that great care and forethought be applied before undertaking any investigative or enforcement type action at or near schools, other institutions of education, and venues generally where children and their families are present.” The lawsuit continues to list similar quotes and policies from 2008, 2011, 2013, and 2021.
Duluth Schools Logo
Arguing that new enforcement actions are not needed lawsuit says, “The federal government has long recognized that it could effectively enforce immigration laws without, in its words, ‘denying or limiting . . . children access to their schools.’ Under that longstanding policy, the federal government barred immigration enforcement in or near sensitive locations ‘to the fullest extent possible.’ Federal immigration agents were allowed to carry out such actions only in exigent circumstances or with prior approval from supervisors.”
The lawsuit list specific concerns near schools “just this past month include”:
Fridley Public Schools. On January 31, 2026, DHS agents staged their enforcement operations in the parking lot of at least two Fridley Schools buildings. DHS agents have followed Fridley Schools leadership, including its superintendent and school board members.
Roosevelt High School in Minneapolis. On January 7, 2026, a chaotic scene unfolded on the grounds of Roosevelt High School, approximately 20 minutes from Fridley. According to school officials, when school was dismissed for the day, DHS agents came onto school property and “began tackling people, handcuffed two staff members and released chemical weapons on bystanders.” According to witnesses and video footage, officers dragged a person on a sidewalk outside of the school, broke out the window of a vehicle, and tear-gassed staff and students.31 Video captured by a student during the incident shows a student appearing to lob a snowball at a federal agent. In response, the federal agent indiscriminately sprays the area of students and staff with pepper spray or some other chemical.
Un Mundo Nuevo Children’s Academy in Apple Valley. On January 7, 2026, a teacher at Un Mundo Nuevo Children’s Academy, a preschool in a Minneapolis suburb, was detained by ICE when she exited the school building after being tricked to come outside by a false claim that someone hit her car.
Jardin Spanish Immersion Academy in Minneapolis. On January 7, 2026, DHS agents removed a teacher from her car directly outside Jardin Spanish Immersion Academy in Minneapolis.
Mis Amigos Spanish Immersion in Golden Valley. Also on January 7, 2026, parents at Mis Amigos Spanish Immersion in Golden Valley, a preschool in another Minneapolis suburb, alerted one another about masked men in DHS vehicles circling the block.
Concord Education Center in Inver Grove Heights. On January 12, 2026, a paraprofessional at a special education school in Inver Grove Heights, a suburb south of St. Paul, was arrested in the school parking lot.
Elementary School in Brooklyn Center. On January 14, 2026, the parent of an elementary school student in Brooklyn Center, a suburb just across the river from Fridley, was detained by federal agents while waiting at a school bus stop.
School Vans Operating for St. Paul Public Schools. During the week of January 15, 2026, two vans operating under contract with St. Paul Public Schools to carry students and staff were pulled over by federal immigration agents while en route to school.
School Vans Operating for Anoka-Hennepin School District. On January 20, 2026, two student transportation vans with high school students on board were pulled over by federal immigration agents while on their way to school.
Little Canada Elementary School. On January 21, 2026, an elementary school in Little Canada was forced to implement extra security measures while DHS agents were in the school’s parking lot during school hours. Little Canada, a Twins Cities suburb, is just a few miles from Fridley.
Roseville Education Center. On January 21, 2026, Roseville school officials said that DHS agents also used the Aŋpétu Téča Education Center in Roseville as a staging area the same afternoon. Roseville, a Twins Cities suburbs, is just a few miles from Fridley.
Hopkins Public School Students. On January 22, 2026, a Hopkins parent reported seeing vehicles that appeared to belong to ICE waiting near a bus stop just before ICE detained a young child she often escorted to the bus stop. ICE detained the child, his sibling, and his parents later that day.
Richfield Middle School Bus Route. Richfield Public Schools confirmed that federal agents were present on a school bus route on January 29, 2026.
Columbia Heights School District Students. At Columbia Heights High School, only two miles from Fridley High School, DHS agents drove onto school property and approached the school’s loading dock before encountering school administrators. Schools in the district have had to hold recess indoors because DHS agents were present nearby, and multiple Columbia Heights students have been detained by ICE. Just down the street, Valley View Elementary School has had three students and at least 25 parents detained, and the school’s principal spends each school morning and dismissal checking the perimeter for DHS agents.
The lawsuit was also filed against the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Acting Director of U.S. Immigration and Customs Enforcement Todd Lyons, Acting Executive Associate Director Enforcement and Removal Operations Marcos Charles, Acting Director Saint Paul Field Office U.S. Immigration and Customs Enforcement David Easterwood, and U.S. Customs and Border Protection. Commissioner of U.S. Customs and Border Protection Rodney Scott, Commander of the U.S. Border Patrol Gregory Bovino or his successor, and White House Executive Associate Director of Enforcement and Removal Operations Thomas Homan
