An administrative panel of the United States Court of Appeals for the Eighth Circuit has stayed the preliminary injunction on “covered officers” of Operation Metro Surge by Minnesota federal district judge Kate Menendez. As Andrew McCarthy and I have observed, there may be a problem or two with it.
The terms of the Menendez preliminary injunction are on appeal to the Eighth Circuit. The Eighth Circuit’s administrative stay will remain in effect pending the Court’s consideration of the government’s motion for a stay pending appeal. I take it that plaintiffs have yet to be heard from.
The propriety of a stay pending appeal will have to be determined separately and then the propriety of the preliminary injunction itself. However, the Eighth Circuit administrative stay reflects a desire to maintain the status quo ante Judge Menendez’s injuntion while the Eighth Circuit sorts out the issues.
In the meantime, Judge Menendez may continue to work her mischief in the MCLU case and perhaps in Keith Ellison’s even more ludicrous case brought on behalf of state and local authorities. However, Judge Menendez has now been reminded that the Court of Appeals is looking over her shoulder and is perhaps unamused so far.
JUST IN: The 8th Circuit has temporarily lifted the restrictions on ICE’s use of force against protesters, imposed last week by Judge Menendez. Earlier: https://t.co/f0e4rZJcMf pic.twitter.com/SJyPiepQJS
— Kyle Cheney (@kyledcheney) January 21, 2026
