8th Circuit lifts injunction limiting ICE force on Minnesota protesters
The 8th U.S. Circuit Court of Appeals on Jan. 21 paused a district judge’s injunction that had barred ICE and DHS from detaining, tear‑gassing or otherwise using force against peaceful protesters and legal observers around Operation Metro Surge in Minneapolis, narrowing those protections while the government’s appeal proceeds. Civil‑rights groups say the ruling raises the risk of arrests and force at future rallies as agents have continued deploying tear gas and pepper spray amid intensifying confrontations since the Jan. 7 killing of Renee Good, and the dispute has drawn high‑level attention with a planned law‑and‑order event in Minnesota this week.
📌 Key Facts
- An 8th U.S. Circuit Court panel on Jan. 21 issued a stay/partial stay that at least temporarily suspended or narrowed U.S. District Judge Katherine Menendez’s injunction limiting ICE and DHS tactics around protests tied to Operation Metro Surge.
- The appellate ruling means the protester protections are temporarily suspended or narrowed while the government’s appeal is argued, weakening the shield that had been in place for Twin Cities demonstrators.
- Judge Menendez’s original injunction had barred federal agents from detaining or using force against peaceful protesters and legal observers, including banning use of tear gas and other chemical agents and stopping vehicles that were simply following at a safe distance.
- Civil‑rights lawyers and the ACLU warned activists they now face a higher risk of arrest or use of force at future rallies, even when they remain non‑violent.
- Homeland Security Secretary Kristi Noem called the injunction “frivolous” and “ridiculous,” saying DHS only uses chemical agents when there is violence and to “establish law and order.”
- ICE agents have continued deploying tear gas and pepper spray on Twin Cities crowds, including the week of the ruling, and confrontations have intensified since the Jan. 7 killing of Renee Good in Minneapolis.
- Vice President J.D. Vance is scheduled to visit Minnesota Thursday for a law‑and‑order event framed around restoring order during Operation Metro Surge.
📊 Relevant Data
An ICE agent fatally shot Renee Nicole Good, a U.S. citizen and mother of three, in Minneapolis on January 7, 2026, during an immigration enforcement action related to Operation Metro Surge.
Mother of 3 who loved to sing and write poetry shot and killed by ICE agent in Minneapolis — CNN
Venezuelan immigrants commit substantially fewer crimes than the native born relative to their share of the population in countries like Colombia, Peru, and Chile, based on 2019 data.
Venezuelan migration, crime, and misperceptions: A review of data from Colombia, Peru, and Chile — Brookings
Venezuelan migrants contribute over USD 10 billion annually to the economies of host countries in Latin America and the Caribbean through employment and small businesses.
Venezuelan Migrants Add Over USD 10 Billion a Year to Regional Economies — IOM
The Venezuelan population in Minnesota is approximately 4,139 people, representing about 0.1% of the state's total population as of recent estimates.
Venezuelan Americans — Wikipedia
Immigrants in the United States are less likely to commit crimes than U.S.-born individuals, according to multiple studies.
Immigrants less likely to commit crimes than U.S.-born — NPR
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- An appellate court has issued a stay/partial stay of the district judge’s order that barred ICE and DHS from detaining, tear‑gassing, or otherwise using force on peaceful protesters and legal observers around Operation Metro Surge.
- The ruling means those protester protections are at least temporarily suspended or narrowed while the government’s appeal is argued, weakening the shield that had been in place for Twin Cities demonstrators.
- Civil‑rights lawyers and the ACLU are now warning activists that they face a higher risk of arrest or use of force at future rallies, even when they remain non‑violent.
- Clarifies that the Jan. 21 8th Circuit ruling "struck down" Judge Katherine Menendez’s injunction that had barred federal agents from detaining or using force against peaceful protesters and from stopping vehicles simply following them at a safe distance.
- Restates the exact behaviors Menendez’s order had restricted: use of tear gas and other chemical agents against peaceful protesters and detentions of people observing or following from a safe distance.
- Includes Homeland Security Secretary Kristi Noem’s on‑record claim that the order was "frivolous" and "ridiculous" and that DHS only uses chemical agents when there is violence and to "establish law and order".
- Notes that ICE agents have continued to deploy tear gas and pepper spray on Twin Cities crowds, including as recently as the Wednesday of the ruling, and that confrontations have intensified since the Jan. 7 killing of Renee Good in Minneapolis.
- Adds that Vice President J.D. Vance will visit Minnesota Thursday for a law‑and‑order event framed around restoring order during Operation Metro Surge.