CC WS PACKET 02042026 - Laserfiche WebLink

Home Browse Search

4936-0413-5952\4 MEMORANDUM TO: St. Anthony Village FROM: Jay R. Lindgren, City Attorney DATE: January 30, 2026 I. Introduction This memorandum briefly analyzes whether the City of St. Anthony Village (“St. Anthony”) may lawfully enact an ordinance prohibiting Immigration and Customs Enforcement (“ICE”) from staging their operations on City Property (or at minimum requiring a permit); requiring ICE to give notice of its operations in St. Anthony; or prohibiting the use of face masks during ICE enforcement operations. This analysis also discusses whether St. Anthony may intervene in ongoing federal litigation contesting ICE operations. Although the law is unsettled and rapidly evolving, the short answer is that St. Anthony may enact ordinances governing ICE operations, but those ordinances must be neutrally drafted and may not directly regulate or discriminate against federal officers specifically. In summary: -An ordinance prohibiting any immigration enforcement (regardless of the identity of the enforcers) on city property passes legal muster. -An ordinance prohibiting face masks generally and requiring body cameras may also survive legal scrutiny but appears to be on weaker grounds because it regulates federal equipment. -An ordinance specifically requiring ICE to give notice of operations likely offends principles of intergovernmental immunity because it directly regulates federal operations. -An ordinance prohibiting evictions exceeds St. Anthony’s police powers. -St. Anthony could potentially intervene in ongoing federal litigation but should consider whether the benefits justify the potential risk and expense. II. Analysis Question: May St. Anthony prohibit federal agents from using city parks and public spaces or otherwise require permits for part? Short Answer: St. Anthony may enact an ordinance to this effect, but only if the ordinance is neutrally worded, and does not discriminate against federal officers.