8th Circuit lifts injunction that curbed ICE use of force on Minnesota protesters
An 8th U.S. Circuit Court of Appeals issued a stay/partial stay of U.S. District Judge Katherine Menendez’s injunction that barred ICE and DHS from detaining, tear‑gassing, or otherwise using force on peaceful protesters and legal observers around Operation Metro Surge, effectively restoring broader authority for ICE and Border Patrol to use crowd‑control tactics while the government’s appeal proceeds. Civil‑rights lawyers and the ACLU warn the ruling raises the risk of arrest or force against activists, and confrontations — including deployments of tear gas and pepper spray — have continued and intensified in the Twin Cities.
📌 Key Facts
- The 8th U.S. Circuit Court of Appeals issued a stay/partial stay that temporarily lifted or substantially narrowed U.S. District Judge Katherine Menendez’s injunction that had barred ICE and DHS from detaining, tear‑gassing, or otherwise using force on peaceful protesters and legal observers around Operation Metro Surge.
- The ruling restores broader authority for ICE and Border Patrol to use crowd‑control tactics, including chemical agents, during demonstrations in Minneapolis–St. Paul while the underlying appeal proceeds.
- The appeals court sided with the Trump administration and granted its request to remove judicial constraints on Metro Surge enforcement, a legal win for the administration.
- Civil‑rights lawyers and the ACLU warn activists they now face a higher risk of arrest or use of force at future rallies, even when remaining nonviolent.
- Homeland Security Secretary Kristi Noem called the original injunction “frivolous” and “ridiculous,” saying DHS uses chemical agents only when there is violence and to “establish law and order.”
- ICE agents have continued to deploy tear gas and pepper spray on Twin Cities crowds — including as recently as the Wednesday before the ruling — and confrontations have intensified since the Jan. 7 killing of Renee Good.
- Vice President J.D. Vance is scheduled to visit Minnesota for a law‑and‑order event framed around restoring order during Operation Metro Surge.
📊 Relevant Data
In Trump's second term, federal immigration officers have been involved in at least 19 shooting incidents with civilians, resulting in multiple deaths and injuries.
Data: Federal immigration officers involved in 19 shootings in Trump's second term — WBAL-TV
Recent shootings by immigration agents often involve moving vehicles, panic, and gunfire, with tactics that flout established policing practices according to experts.
Moving cars, panic, gunfire. Immigration shootings fit growing pattern — USA Today
Undocumented immigrants had a property crime arrest rate of 38.5 per 100,000 compared to 165.2 per 100,000 for U.S.-born citizens in recent data.
Undocumented Immigrant Offending Rate Lower Than U.S.-Born Citizens' Rate — House.gov
U.S. economic warfare and sanctions against Venezuela are a significant cause of the recent migration surge from Venezuela to the United States.
The Current Migrant Crisis: How U.S. Policy Toward Latin America Has Fueled Historic Numbers of Asylum Seekers — New Labor Forum
The number of Venezuelan-born migrants living in the US surged by roughly 140,000 between 2017 and 2021 during Trump's first presidency.
Trump blames Maduro for migrants, but a war in Venezuela could worsen the crisis — CNN
Immigrants contribute approximately $26 billion to Minnesota's economy.
Economist: Immigrants contribute $26 billion to Minnesota's economy — MPR News
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- Confirms the 8th Circuit sided with the Trump administration and granted its request to stay or substantially narrow a district court injunction that had restricted ICE and DHS from detaining, tear‑gassing or otherwise using force on peaceful protesters and legal observers around Operation Metro Surge.
- Emphasizes that the practical effect is to restore broader authority for ICE and Border Patrol to use crowd‑control tactics, including chemical agents, during demonstrations in Minneapolis–St. Paul while the underlying case proceeds.
- Frames the ruling explicitly as a win for the administration in its bid to remove judicial constraints on Metro Surge enforcement at protests.
- 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.