Judge rules against ICE: No detentions or tear gas at peaceful protests in Twin Cities
MINNEAPOLIS (TNND) — Federal agents in Minneapolis and the surrounding area can't detain or use tear gas when dealing with peaceful protesters, per a judge's ruling.
U.S. District Judge Kate Menendez on Friday ruled in a case that was filed in December on behalf of six Minnesota activists.
They are among the thousands who have been observing the activities of Immigration and Customs Enforcement and Border Patrol officers enforcing the Trump administration’s immigration crackdown in the Minneapolis-St. Paul area since last month.
Menendez said the agents would not be allowed to arrest people without probable cause or reasonable suspicion the person has committed a crime or was obstructing or interfering with the activities of officers.
The plaintiffs include longtime Minneapolis resident Susan Tincher, Somali American U.S. citizen Abdikadir Noor, and others who allege they were arrested, detained, threatened at gunpoint, or sprayed with chemical irritants while engaging in lawful observation and protest.
The activists in the case were represented by the American Civil Liberties Union of Minnesota, which argued that government officers are violating the constitutional rights of Twin Cities residents.
The court highlighted the repeated use of pepper spray and other chemical irritants against crowds of observers and protesters, including individuals standing on sidewalks or crosswalks who were not blocking vehicles or threatening officers.
More than a dozen witnesses said agents deployed chemical spray without warning and aimed weapons at people who were recording or verbally criticizing officers.
In multiple cases, plaintiffs and witnesses reported being stopped in their vehicles after following ICE cars on public streets. Several described being boxed in by unmarked vehicles, confronted by masked agents pointing guns, and warned they would be arrested for “impeding” federal officers despite obeying traffic laws.
Government attorneys argued that officers have been acting within their legal authority to enforce immigration laws and protect themselves. The lawyers said the agents were responding to aggressive, dangerous behavior by protesters, citing incidents involving thrown snowballs, blocked vehicles, and threats to officer safety.
ICE officials maintained that chemical agents and arrests were necessary to disperse crowds and prevent interference with enforcement operations.
While the court acknowledged that officers may use force when genuinely threatened, Menendez found the record showed a pattern of retaliation against individuals engaged in constitutionally protected activity, including recording law enforcement and verbally objecting to ICE operations.
In a video shared on YouTube, Minnesota Gov. Tim Walz encouraged his "fellow Minnesotans" to track ICE activities. He said the federal government is causing "chaos and disruption" across the state.
"Help us establish a record of exactly what's been happening in our communities," Walz said in the video, which was posted on Thursday.
"You have an absolute right to peacefully film ICE agents as they conduct these activities. So, carry your phone with you at all times. And if you see these ICE agents in your neighborhood, take out that phone and hit record. Help us create a database of the atrocities against Minnesotans -- not just to establish a record for posterity, but to bank evidence for future prosecution," he added.
The ruling comes a little more than a week after an ICE agent shot and killed 37-year-old Renee Nicole Good during a federal immigration enforcement raid on January 7.
The agent, who has been identified as Jonathan Ross, fired his gun after Good allegedly tried to ram him and other officers with her SUV. Ross reportedly suffered internal bleeding when he was hit by her vehicle.
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EDITOR'S NOTE: The Associated Press contributed to this report.
