DOJ Appeals Minnesota ICE Protest Injunction, Calls State Lawsuit 'Legally Frivolous'
Federal Judge Kate Menendez issued an 83‑page preliminary injunction limiting ICE, Border Patrol and other federal officers in the Minneapolis-area “Operation Metro Surge” from using tear gas, pepper spray or other non‑lethal munitions against peaceful protesters and from stopping or detaining drivers and passengers who merely follow officers at an appropriate distance absent reasonable suspicion. The Justice Department has appealed the injunction and, in a separate filing opposing Minnesota and the cities’ bid to halt the surge, called the states’ Tenth Amendment and related claims “legally frivolous,” saying states cannot veto federal immigration enforcement while DHS officials defend agents’ actions as responses to violent conduct.
📌 Key Facts
- U.S. District Judge Kate Menendez issued an 83‑page preliminary injunction that bars federal officers involved in the Minneapolis operation (including ICE and Border Patrol) from using tear gas, pepper spray or other non‑lethal munitions against peaceful protesters who are not obstructing operations, and from stopping, detaining or arresting drivers or passengers merely for following officers at an appropriate distance absent reasonable articulable suspicion or probable cause; Menendez found plaintiffs are likely to prevail on First and Fourth Amendment claims and described an ongoing pattern of chilling conduct.
- The injunction was framed to govern the duration of the Trump administration’s immigration surge in Minneapolis (Operation Metro Surge) and, according to court filings, responds to allegations that agents followed protesters home and threatened or detained observers.
- The preliminary injunction came in a December lawsuit filed on behalf of six named Minnesota activists represented by the ACLU of Minnesota; dozens of declarations from nonparties were cited in the record. Menendez is also presiding over a separate December/Monday suit brought by the state of Minnesota and the cities of Minneapolis and St. Paul seeking to limit or suspend the broader ICE/CBP enforcement effort; she declined to grant an immediate TRO in that case and ordered additional briefing.
- The Justice Department filed a memorandum in federal court on MLK Day opposing the states’ request for emergency relief, calling the plaintiffs’ Tenth Amendment and related claims “legally frivolous,” arguing states lack authority to veto federal immigration enforcement and asserting ICE is in Minnesota to enforce federal law, not to usurp state or local police powers.
- DHS and Border Patrol officials publicly pushed back: DHS Assistant Secretary Tricia McLaughlin and DHS Secretary Kristi Noem characterized some demonstrators as “dangerous rioters,” stressed that obstructing or assaulting officers are crimes, and Border Patrol Commander Gregory Bovino vowed to continue using tear gas and other less‑lethal munitions against protesters he deems violent while saying chemical munitions are used only in violent situations.
- Minnesota public‑safety officials mobilized a standby National Guard posture (confirmed by DPS Commissioner Bob Jacobsen and Maj. Gen. Shawn Manke) and urged peaceful demonstrations; Minneapolis Police Chief Brian O’Hara described officers being struck by rocks, fireworks, ice chunks and snowballs at recent scenes.
- Other reported developments include a DOJ criminal inquiry into Governor Tim Walz and Mayor Jacob Frey, an incident cited in the lawsuit alleging an ICE agent entered a south Minneapolis restaurant on Dec. 5 saying “We don’t need [a warrant],” and reporting that the Trump administration has labeled activist Renee Nicole Good a “domestic terrorist.”
📊 Relevant Data
From 2020 to 2024, over 81,000 new Americans moved to Minnesota, making immigration the primary driver of population change and contributing to a 1.4% overall population growth in the state during that period.
Immigration became the leading component of population growth in Minnesota this decade — Red Wing Port Authority
In 2025, immigrants in Minnesota accounted for 10.8% of the labor force, 9.9% of entrepreneurs, and contributed significantly to sectors like manufacturing where about 70% of the workforce is foreign-born.
Economist: Immigrants contribute $26 billion to Minnesota's economy — MPR News
Minnesota has resettled over 100,000 refugees since 1979 through programs coordinated by local agencies like Catholic Charities and Lutheran Social Service, with recent arrivals including significant numbers from Somalia, Burma, and Afghanistan driven by conflict and persecution in their home countries.
Refugee Health Statistics — Minnesota Department of Health
In Minnesota's Operation Metro Surge as of January 2026, of the 212 arrested individuals classified as the 'worst of the worst,' breakdowns include violent crimes (homicide, assault, robbery) at 29%, sex crimes at 25%, and drug offenses at 18%, with many having prior convictions.
Who are the 'Worst of the Worst' being arrested by ICE in Minnesota? — FOX 9
Minnesota's foreign-born population grew from 428,000 in 2014 to 524,000 in 2024, with immigration accounting for 94% of the state's net population growth between 2020 and 2024.
How many immigrants are in Minnesota? — USAFacts
📰 Source Timeline (10)
Follow how coverage of this story developed over time
January 20, 2026
4:34 AM
Justice Dept. calls claims in MN lawsuit seeking stop to ICE surge "legally frivolous"
New information:
- DOJ filed a memorandum in Minnesota federal court on MLK Day opposing Minnesota, Minneapolis and St. Paul’s request for a temporary restraining order to halt or limit the ICE surge.
- The memorandum brands the plaintiffs’ Tenth Amendment and related claims as 'legally frivolous' and says they have 'not a shred of legal support,' arguing states lack power to veto federal immigration enforcement.
- DOJ asserts ICE agents are in Minnesota solely to enforce federal immigration law and disputes allegations that federal officers are usurping state and local police powers.
- The article notes a specific Dec. 5 incident cited in the lawsuit in which an ICE agent allegedly entered a south Minneapolis restaurant without a warrant and told the manager, 'We don’t need one.'
- DHS Secretary Kristi Noem publicly dismissed Judge Menendez’s earlier injunction as 'a little ridiculous,' claiming DHS already limits use of chemical agents to violent situations and that the order 'didn't change anything' about operations.
January 19, 2026
6:25 PM
Judge rules on tactics used by ICE against peaceful protesters
New information:
- CBS states plainly that the judge’s order bars federal agents from using pepper spray against peaceful protesters and from arresting them without probable cause.
- CBS notes that as of airtime the Trump administration had not yet responded to the ruling.
- CBS reports that the Justice Department has opened an investigation into Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey, adding that officials say the probe has begun.
January 18, 2026
4:04 AM
Border Patrol commander vows continued tear gas use after Minnesota judge’s order
New information:
- Border Patrol Commander Gregory Bovino went on Fox News and explicitly vowed to 'continue to use' tear gas and other 'less lethal munitions' against protesters he deems violent during Operation Metro Surge.
- Bovino asserted that immigration officers have 'never used tear gas against peaceful protesters' and framed chemical munitions as the 'minimum amount of force necessary' that 'keeps them safe, it keeps our officers safe, and it keeps the public safe.'
- The article restates that Judge Kate Menendez’s order bars federal agents from using tear gas, pepper spray or other non-lethal munitions against peaceful protesters and from stopping vehicles simply for following officers at an 'appropriate distance,' and notes public reactions from the City of Minneapolis and Minnesota Attorney General Keith Ellison applauding the ruling.
January 17, 2026
7:07 PM
Court blocks ICE agents from detaining peaceful protesters in Minneapolis
New information:
- Clarifies that Judge Katherine Menendez’s 83-page order explicitly bars federal agents in Operation Metro Surge from stopping or detaining people in vehicles that are merely following them and not obstructing operations.
- Quotes Menendez’s finding that plaintiffs showed an 'ongoing persistent pattern of Defendants’ chilling conduct' and that dozens of declarations from nonparties describe similar or more egregious violations.
- Notes that several DHS officials, including Secretary Kristi Noem, are named defendants in the December lawsuit filed by six Minneapolis residents.
- Reports DHS spokesperson Tricia McLaughlin’s response framing the ruling as protecting 'speech and peaceful assembly — not rioting' and reiterating DHS’s claim it is confronting 'dangerous rioters.'
- Highlights that the Trump administration has labeled Renee Nicole Good a 'domestic terrorist' and alleged, without evidence, that protesters are rioting and assaulting officers.
5:00 AM
Federal judge restricts ICE agents amid ongoing Minneapolis area protests
New information:
- Fox piece confirms Judge Kate Menendez’s injunction specifically bars ICE and other federal officers from using pepper spray and other non‑lethal munitions, including tear gas, against peaceful protesters who are not obstructing operations.
- The order explicitly states that merely following federal officers by car at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop.
- DHS Assistant Secretary Tricia McLaughlin responds on the record, asserting the First Amendment does not protect 'rioting,' characterizing some demonstrators as 'rioters and terrorists,' and detailing DHS’s claim of assaults, fireworks, tire‑slashing, and vehicles used as weapons against officers.
- Government attorneys’ position is restated: they argue agents have been operating within their legal authority and responding appropriately to violence while enforcing immigration law in Minnesota and nationwide.
4:57 AM
Judge rules immigration officers in Minneapolis can't detain peaceful protesters
New information:
- Confirms that the preliminary injunction was granted in a case filed in December on behalf of six named Minnesota activists represented by the ACLU of Minnesota.
- Adds DHS Assistant Secretary Tricia McLaughlin’s post‑ruling statement framing protesters as 'dangerous rioters' and warning that obstructing law enforcement and assaulting officers are federal crimes.
- Spells out that Menendez is also presiding over a separate lawsuit filed Monday by Minnesota and the cities of Minneapolis and St. Paul seeking to suspend the broader ICE/CBP enforcement crackdown, and that she declined an immediate TRO there while ordering further briefing.
4:28 AM
Minnesota safety officials ask protesters in the state to stay peaceful
New information:
- Minnesota DPS Commissioner Bob Jacobsen and National Guard Maj. Gen. Shawn Manke publicly confirmed Guard mobilization and a standby posture tied to this protest wave.
- State safety officials issued an explicit pre‑weekend appeal for orderly, peaceful demonstrations and warned that violence and property destruction will not be tolerated.
- The article connects the injunction to a broader federal response that now includes a DOJ criminal investigation into Walz and Frey and an on‑the‑ground, unofficial House Democratic hearing into ICE conduct at the Whipple building.
- Minneapolis Police Chief Brian O’Hara said officers at a recent post‑shooting scene were struck by rocks, fireworks, ice chunks and snowballs, describing protesters there as crossing a line.
3:33 AM
Judge rules feds in Minneapolis immigration operation can’t detain or tear gas peaceful protesters
New information:
- Identifies Judge Kate Menendez as the judge issuing the injunction (prior summary described an 83‑page order but did not name her).
- Clarifies that the injunction applies to 'federal officers in the Minneapolis-area' immigration operation, explicitly including both ICE and Border Patrol.
- Spells out that agents may not detain drivers or passengers solely for following officers at an 'appropriate distance' and lacking reasonable suspicion of obstruction.
- Restates that agents may not use tear gas against peaceful protesters who are not obstructing or interfering, including when they are merely observing operations.
- Notes Menendez is simultaneously presiding over a separate lawsuit by Minnesota, Minneapolis and St. Paul seeking to suspend the overall federal crackdown, and that she declined an immediate TRO there while ordering more briefing.
- Includes a fresh response quote from DHS Assistant Secretary Tricia McLaughlin framing protesters as 'dangerous rioters' and warning that obstructing or assaulting officers is a crime.
2:17 AM
Judge rules federal agents can't arrest or use pepper spray on peaceful protesters in Minneapolis
New information:
- Menendez’s 83‑page order expressly prohibits federal agents from using pepper spray or other non‑lethal munitions on, or arresting, peaceful protesters during the Minneapolis immigration operations.
- The injunction bars federal officers from stopping or detaining drivers and passengers near protests absent a 'reasonable articulable suspicion' that they are forcibly interfering with enforcement.
- The order will remain in effect for the duration of the Trump administration’s immigration surge in Minneapolis and is framed by Menendez as responding to 'disturbing' allegations that agents followed protesters home and threatened to break car windows.
- The ruling explicitly recognizes that mobile, small protest groups following immigration officers present a scenario 'somewhat unique' in existing case law and says stops of law‑abiding followers are unconstitutional.
- Federal lawyers argued pepper spray and arrests were needed to address 'violent, obstructive, dangerous, and often criminal behavior,' but Menendez found several plaintiffs are likely to prove First and Fourth Amendment violations.