Maslon Works with ACLU of Minnesota in Lawsuit Against Freeborn County for Illegal Use of Immigration-Related Agreements

Maslon attorneys worked pro bono with the ACLU of Minnesota on Dec. 18 to serve Freeborn County, the Freeborn County Sheriff’s Office, and Sheriff Ryan Shea on behalf of four Freeborn County residents whose property taxes are being used to fund an illegal agreement with Immigration and Customs Enforcement (ICE).

In March 2025, the Freeborn County sheriff unilaterally entered into an illegal 287(g) agreement with ICE. The 287(g) program offers partnerships between ICE and state and local agencies and attempts to turn local officials into ICE agents. 287(g) agreements purport to authorize select state and local law enforcement officers to identify, arrest, and process certain people for immigration enforcement and—ultimately—deportation.

A crucial feature of the 287(g) program is that the agreements can only be applied consistent with state and local laws, including the Minnesota Constitution. In Minnesota, it is illegal to hold individuals for ICE after they have been released from state custody. Minnesota also does not authorize state or local law enforcement to conduct civil immigration arrests. However, there have been multiple reports of these activities across the state.

Under 287(g) agreements, it is the county and its taxpayers—not ICE—who are legally and economically liable for the inevitable lawsuits that follow. Countless lawsuits have put county taxpayers on the hook to pay hundreds of thousands or even millions of dollars in liability when their sheriffs have unlawfully arrested and detained people at ICE’s request.

The four plaintiffs in this case—Jeremy Corey-Gruenes, Daphne Hamborg, Leslie Kaup, and Jim Margadant—are taxpayers in Freeborn County, and they are suing to challenge the unlawful expenditures of their tax money.

“Freeborn County has plenty of needs, and I am willing to pay for most of them,” said Corey-Gruenes. “But an unlawful agreement with ICE that spends uncompensated county tax dollars for our jail officers to work as ICE agents is not one of them.”

Maslon attorney Peter Hennigan said the illegal 287(g) agreement puts all of Freeborn County's taxpayers at risk. “We are proud to represent the four plaintiffs who have brought this lawsuit to stop the sheriff’s office and the county from taking illegal actions pursuant to their agreement with ICE,” he said. "We commend these four citizens for the courage that it takes to bring this lawsuit in our current political environment.”

Attorneys Anna Petosky, Bill Pentelovitch, and Carly Johnson and Paralegal Renee Rice of Maslon are also working pro bono on the case, with assistance from Legal Administrative Assistant Carla Staniforth.

ACLU-MN Legal Director Teresa Nelson said the message to law enforcement is simple: "You do not have legal authority to enforce civil immigration law," she said. “If you have signed or are considering signing a 287(g) agreement to insulate you from legal liability, you should reconsider because it will not exempt you from liability for violating state law and the Minnesota Constitution.”