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4 <br />4936-0413-5952\4 <br />Analysis: <br />The states and their political subdivisions “historically possess police power to protect <br />public health and safety.” R.J. Reynolds Tobacco Co. v. City of Edina, 60 F.4th 1170, 1176 (8th <br />Cir. 2021) (citing U.S. Const. amend. X). The State of Minnesota has delegated authority to the <br />City to enforce traffic laws and regulate motor vehicles. Minn. Stat. § 169.04. That said, Minnesota <br />protects the owners of private property to “authorize . . . the towing of a motor vehicle unlawfully <br />parked on the private property.” Minn. Stat. § 168B.035, subd. 6. Accordingly. St. Anthony must <br />respect this limitation on its ability to preclude towing. <br />Question: May St. Anthony intervene in ongoing federal litigation regarding ICE operations? <br />Answer: St. Anthony may intervene, but should consider the best mechanism, and must consider <br />whether the expense justifies the outcome. <br />Analysis: <br />The Federal Rules of Civil Procedure allow St. Anthony to intervene in federal suits as a <br />party if it has a sufficient legFed. R. Civ. P. 24. Intervention will be a matter for district court <br />discretion. Keech v. Sanimax USA, LLC, No. 18-0683 (JRT/HB), 2020 U.S. Dist. LEXIS 9752, at <br />*6 (D. Minn. Jan. 21, 2020). Moreover, intervening as a party would require participating actively <br />in the suit, and would bind St. Anthony to any judgments and orders. <br />St. Anthony may also choose to submit an amicus curiae brief, where it expresses its <br />opinion on the case but is not a party. Federal courts have broad discretion to permit the filing of <br />amicus curiae briefs where such submission may assist the Court. See, e.g., S.E.C. v. Carebourn <br />Capital, L.P., No. 21- cv-2114 (KMM/JFD), 2023 WL 4947458, at *1 (D. Minn. Aug. 3, 2023) (“A <br />determination on a request to participate as amicus curiae is discretionary, and the court may <br />grant or refuse leave according as it deems the proffered information timely, useful, or otherwise.” <br />(quotation omitted)). This is a less risky option because it would not bind St. Anthony to any <br />ensuing judgments or expose it to liability. <br />III. Conclusion <br />Put simply, St. Anthony may legislate to mitigate ICE operations, but any resulting <br />ordinance may not specifically burden or discriminate against federal or ICE officials. St. Anthony <br />may also attempt to intervene in ongoing federal litigation protesting ICE actions but should <br />consider whether the time and effort justifies the expense.