Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota

A federal judge has prohibited federal immigration agents in Minnesota from arresting, detaining, retaliating against or using force and chemical irritants against peaceful protesters and observers.

The injunction limits the force federal law enforcement officers can use against demonstrators and observers while a lawsuit, filed by the ACLU of Minnesota on Dec. 17, remains pending.

The injunction specifically protects “persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge,” the name given to the immigration enforcement operation in Minnesota.

In the Jan. 16 decision, U.S. District Judge Katherine Menendez blocked federal agents from:

Menendez’s order also specifically states drivers who safely follow federal agents at appropriate distances do not create reasonable suspicion to justify a stop.

Videos of federal agents employing aggressive tactics against protesters in Minnesota have proliferated this month as thousands of agents fan out across the state in what is purportedly the largest immigration crackdown in history.

Menendez found the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) agents likely violated First Amendment rights of protestors by deploying chemical irritants. The agency also likely violated the Fourth Amendment rights of observers following agents in vehicles by stopping them without a reasonable and articulable suspicion of criminal activity, the judge wrote.

“We remind the public that rioting is dangerous,” McLaughlin said. “Obstructing law enforcement is a federal crime and assaulting law enforcement is a felony.”

DHS officials have repeatedly defended their immigration enforcement efforts, saying agents are responding to unruly crowds and agitated protesters.

Menendez ordered the federal government to notify all agents participating in Operation Metro Surge within 72 hours. The injunction will remain in effect until the operation concludes.

The ACLU of Minnesota said in a statement it is “hopeful that it will prevent further First Amendment violations like the ones that have been harming Minnesotans since the start of ‘Operation Metro Surge.’”

In her ruling, Menendez said the plaintiffs who were arrested or hit with chemical irritants had been protesting peacefully, citing video evidence. She said there is a likelihood of success they could show they were arrested or gassed as punishment for their protest.

But the attorneys appeared to struggle responding to Menendez’s questions about whether protesters are acting within their First Amendment rights when following immigration agents in their cars.

In her ruling, Menendez said the government did not assert that drivers were breaking traffic laws at all, nor did they point to a law that prohibits citizens from safely following on-duty law enforcement officers in non-emergency situations.