From the opinion by Judges Bobby Shepherd and David Stras in Tincher v. Noem:
The district court entered a preliminary injunction with respect to federal immigration-enforcement operations in Minnesota. The injunction is unlikely to survive the government's … appeal, so we stay it pending a final decision in this case.
Six individuals who have "observed" and protested Operation Metro Surge, the ongoing immigration-enforcement effort in the Twin Cities, sued on behalf of "[a]ll persons who do or will in the future record, observe, and/or protest against" it. The preliminary injunction covers all of them and limits what federal agents who take part in the operation or respond to the protests can do while carrying out their official duties. Included in the district court's order are prohibitions on "[r]etaliating against" anyone "engag[ed] in peaceful and unobstructive protest activity" and stopping vehicles without "reasonable articulable suspicion that [the occupants] are forcibly obstructing or interfering with" immigration-enforcement activities.
For at least two reasons, the government has made "a strong showing" that its challenge to the injunction "is likely to succeed on the merits." First, the grant of relief to such a broad uncertified class is just a universal injunction by another name. See Trump v. CASA, Inc. (2025) (holding that "federal courts lack authority to issue them"). Even if "courts may issue temporary relief to a putative class," this one has no chance of getting certified. A.A.R.P. v. Trump (2025). And overlooking the difficulties of certification, as the Supreme Court did in A.A.R.P., is not necessary "to preserve our jurisdiction." …
We accessed and viewed the same videos the district court did. What they show is observers and protestors engaging in a wide range of conduct, some of it peaceful but much of it not. They also show federal agents responding in various ways. Even the named plaintiffs' claims involve different conduct, by different officers, at different times, in different places, in response to different behavior. These differences mean that there are no "questions of law or fact common to the class" that would allow the court to decide all their claims in "one stroke."
