On March 9, 2026, the U.S. District Court for Minnesota found that ICE and Border Patrol engaged in racial profiling during Operation Metro Surge, stopping and detaining people based solely on race or ethnicity. The court found that 23 people with pending asylum claims, lawful status or U.S. citizenship were stopped solely because of their race or ethnicity and that 11 of them were then unlawfully arrested. It found DHS had adopted a policy authorizing investigatory stops based on race or ethnicity without reasonable suspicion, noting that officers stopped Somali and Hispanic people without suspicion but did not stop similarly situated white people nearby. The case, Hussen v. Noem, was brought by the ACLU on behalf of people including Mubashir Hussen, a Somali American U.S. citizen who was seized outside a Minneapolis restaurant and released only after he was allowed to show a photo of his passport.