Minneapolis woman sues over immigration arrest: No charges, lasting injuries

MINNEAPOLIS (FOX 9) - A viral arrest during Operation Metro Surge is now at the center of a new lawsuit against the government.

Lawsuit challenges Metro Surge arrest

What we know:

In the court file, Aliya Rahman says immigration officers assaulted her, wrongly detained her, retaliated against her, and were negligently supervised during Operation Metro Surge. Photos and video of the arrest that spread in January are now part of the court record.

Timeline:

The court record includes images and video showing agents breaking Rahman’s car window, elbowing her neck and back and later carrying her by her arms and legs. 

In one video from the arrest, less than a week after federal agents killed Renee Good a couple of blocks away, Rahman says, "I am an autistic disabled person, and I'm trying to go to the doctor."

"This didn't change my world view, but it definitely changed everything about how I move around the world. I am still dealing with lasting injuries," said Rahman on Tuesday. She says the physical and emotional damage is still with her 10 months later.

Government response and broader fallout

Dig deeper:

Rahman’s is at least the third lawsuit filed against the government tied to Operation Metro Surge, and several more people have filed claims that could become lawsuits.

Attorneys expect the cases to take several months to develop and a fight over whether they should go to trial.

Rahman says what happened to her was horrible, and she did not want to be a public figure, but she plans to use the case to highlight efforts to change the way law enforcement approaches minority communities. 

"Aliya's lawsuit is an act of resistance and a demand for accountability. It challenges not only what happened to her, but the systems that made that possible in the first place," said Elizer Darris.

The other side:

"We are aware of the lawsuit and look forward to vigorously defending ourselves in court," a Department of Homeland Security (DHS) spokesperson told FOX 9.

Just hours after the arrest, DHS posted on the site formerly known as Twitter that its officers have immunity in the conduct of their duties.

Rahman’s attorneys say the law does not work that way in every case and that a discretionary-function finding could lead to dismissal.

"They should be accountable. They did not follow their training. They did not follow their rules," said Al Gerhardstein.

What we don't know:

The Department of Justice and ICE told FO X 9 they have no comment on the pending lawsuit, so it is not clear how they plan to fight the case in court.

It is also not clear whether this case or the other Operation Metro Surge claims will reach trial.

ICE posted about the case in February as Rahman testified before Congress, saying it "have the receipts" showing she impeded or interfered with federal officers.

But federal prosecutors never charged Rahman with a crime after hours in custody, and ICE has since deleted the post.

The Source: FOX 9 reporting from Corin Hoggard and statements from the lawsuit, Rahman, her attorney, ICE, DHS, and the Department of Justice.