Judge Restricts ICE Actions Against Protesters in Minnesota
By Kimberly Hayek
A federal judge in Minnesota on Friday ruled that federal immigration agents can’t detain or use nonlethal munitions and crowd dispersal tools on peaceful protesters who aren’t obstructing authorities, including when these people are observing the agents.
The decision, handed down by U.S. District Judge Kate Menendez, stems from a lawsuit brought last month by six local activists.
These individuals, backed by the American Civil Liberties Union (ACLU) of Minnesota, said that Homeland Security (DHS) personnel were infringing on their First Amendment rights when they observed federal agents performing their duties.
After the ruling, Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, issued a statement saying her agency was taking “appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”
She said people have assaulted officers, vandalized their vehicles and federal property, and attempted to impede officers from doing their work.
“We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony,” McLaughlin said.
Protestors and federal agents have clashed during enforcement operations in recent months but intensified after an Immigrations and Custom Enforcement (ICE) agent fatally shot Renee Nicole Good during an encounter on Jan. 7 that was captured on video from several angles.
The incident has met with clashing interpretations, with some defending the ICE agent’s shooting as self defense and others alleging that he used excessive force.
Video shows that in the moments before the shooting, four ICE agents stopped their vehicle in the middle of the street, exited, and approached Good’s vehicle which was blocking their path. The footage also shows Good’s female partner, Becca Good, heckling immigration law enforcement.
As one agent attempted to reach into Good’s car and open her door from the inside, Good turned the wheel to the right, away from Ross, and accelerated her car, allegedly striking the agent, who fired his weapon, according to video and audio. The footage also records Good’s wife, who was outside the vehicle, telling her to “drive, baby, drive.”
Protestors took to the streets of Minneapolis on Jan. 10 following the shooting.
Attorneys for the federal side argued that agents operate under established guidelines to uphold immigration statutes and ensure personal safety. They said officers have been attacked, harassed, and doxxed nationwide and in Minnesota, and that their responses have been appropriate and justified.
Under the new mandate, agents are barred from detaining drivers or their passengers unless they are obstructing or interfering with agents. The judge said that trailing vehicles at a safe distance does not inherently warrant a traffic stop.
Safely following agents “at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop,” the ruling said.
Menendez added that agents must have reasonable suspicion supported by solid evidence of a crime or active disruption to officers duties. Peaceful assembly and oversight, without direct meddling, fall outside permissible reasons for intervention.
The Epoch Times reached out to DHS and the ACLU but did not hear back before publication.
Joseph Lord and the Associated Press contributed to this report .
