A federal judge barred immigration agents from using tactics such as pepper spray and arrest against peaceful protesters in Minneapolis.
In a preliminary injunction issued Jan. 16, U.S. District Judge Katherine Menendez of Minnesota gave local demonstrators some reprieve as they’ve protested against the Trump administration’s surge of thousands of federal immigration agents to the Twin Cities.
The 83-page ruling by Menendez, appointed by former President Joe Biden, prevents agents from “retaliating against persons engaging in peaceful and unobstructive protest activity,” including observing the federal Operation Metro Surge activities, the order said.
The ruling came less than 10 days after an Immigration and Customs Enforcement agent fatally shot 37-year-old Renee Nicole Good on Jan. 7 during protests in Minneapolis. Her death triggered demonstrations in several American cities.
ACLU of Minnesota, which represents the six protesters who filed the lawsuit, said in a social media post it was hopeful the injunction will prevent further First Amendment violations. The lawsuit was filed by six protesters on Dec. 17 — three weeks before Good’s shooting — when the federal operation was about two weeks old. A federal agent also shot a second person on Jan. 14 during what officials described as a targeted traffic stop.
The Department of Homeland Security, the White House and the Department of Justice didn’t immediately respond to requests for comment. In a statement to Politico, Tricia McLaughlin, DHS assistant secretary for public affairs, said the First Amendment protects speech and peaceful assembly, not rioting.
“DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters,” McLaughlin reportedly said. “We remind the public that rioting is dangerous — obstructing law enforcement is a federal crime and assaulting law enforcement is a felony.”
Menendez’s order restricts agents from arresting or detaining peaceful protesters, while also restricting the use of crowd dispersal tactics such as pepper spray or other nonlethal measures against protected demonstrations. Agents also can’t stop or detain drivers or vehicle passengers if there’s “no reasonable articulable suspicion” they’re forcibly obstructing or interfering with agents, including if they’re following agents at an “appropriate distance.”
An ICE agent shot Good, a mother of three children, when she was driving as part of neighborhood patrols by local activists to track and monitor ICE activities. DHS Secretary Kristi Noem, a top federal official named in the lawsuit, has said Good stalked and impeded agents, even saying Good engaged in “domestic terrorism” by “weaponizing” her car.
Minneapolis Mayor Jacob Frey and Minnesota Gov. Tim Walz, both Democrats, have disputed the federal government’s account, saying Good posed no threat to agents. They have said the use of lethal force wasn’t justified, and they’ve cited videos showing Good was trying to turn away from officers.
Local officials have repeatedly demanded immigration agents leave the state. The Justice Department has reportedly launched an investigation into Frey and Walz in connection with a suspected conspiracy to impede federal immigration enforcement in the state.
Menendez’s opinion acknowledged the federal operation had grown exponentially with estimates of 3,000 officers in Minnesota, mostly in the Twin Cities. DHS has previously said it was the largest such operation in history.
“There is no sign that this operation is winding down — indeed, it appears to still be ramping up,” Menendez wrote.
Still, Menendez limited the order to cover agents part of the operation’s surge in the Twin Cities, as opposed to agents across Minnesota. The order is in effect until the federal operation ends or conditions end that it’s no longer necessary, Menendez wrote.
Contributing: Reuters Eduardo Cuevas is based in New York City. Reach him by email at emcuevas1@usatoday.com or on Signal at emcuevas.01.
