An 18-year-old who was detained by federal agents in a chaotic scene inside the Hennepin County Government Center last week was ordered released from federal custody.
Junior de Jesus Herrera Berrios of Burnsville was tackled and taken out of the Government Center on Feb. 10 following a foot chase with federal agents who had been scouring the building for him for several hours.
Herrera Berrios had arrived in court for a hearing on first-degree drug possession charges stemming from his arrest in January over allegedly driving a car with 57 pounds of methamphetamine. The detainment was carried out in front of nearly two dozen lawyers and observers who blew whistles and hurled curses at the agents while asking for a warrant.
Court records show U.S. District Judge Donovan Frank ordered the release of Herrera Berrios on Feb. 13, three days after the detainment, because the federal government provided no evidence it had a warrant to arrest him.
Several of the court records in the case were sealed, but Frank’s order notes that while the federal government argued Herrera Berrios was detained as part of a Title 8 immigration enforcement, that does not apply to Herrera Berrios because “he has been in the United States for over three years” and is not an arriving noncitizen.
Herrera Berrios remains charged with drug possession in Hennepin County and his conditional release on that charge requires him to comply with electronic home monitoring.
In a statement provided to the Minnesota Star Tribune after his detainment last week, a spokesperson for the Department of Homeland Security said that Herrera Berrios was a “criminal illegal alien” who would remain in ICE custody. The department did not immediately respond to a request for comment on the judicial order releasing Herrera Berrios.
Courthouses have been increasingly targeted for immigration enforcement in recent weeks amid the drawdown of federal agents in the state for Operation Metro Surge. White House border czar Tom Homan has said targeted enforcement by federal agents with the cooperation of state officials was essential to the drawdown because it requires fewer agents.