8th Circuit Halts Minnesota Judge’s Limits on ICE Use of Force Against Peaceful Protesters Pending Appeal
The 8th Circuit granted an administrative stay pausing U.S. District Judge Katherine Menendez’s preliminary injunction — which barred federal agents in Minnesota from using pepper spray or nonlethal munitions on peaceful protesters, arresting peaceful protesters, or stopping or detaining drivers and passengers near protests without reasonable articulable suspicion — while the government pursues an appeal. The injunction, filed by the ACLU on behalf of six community members (one plaintiff, Susan Tincher, said she was handcuffed within 15 seconds of arriving and held for five hours), came amid deployment of thousands of federal agents to Minneapolis and has drawn political reactions, with Attorney General Pam Bondi calling the stay a victory and reports noting ICE guidance asserting broader force and entry authorities.
📌 Key Facts
- The U.S. Court of Appeals for the 8th Circuit granted an administrative stay halting Judge Katherine ("Kate") Menendez’s preliminary injunction while the federal government pursues an appeal and the court considers a broader request to block the injunction during the appeal.
- Menendez’s now-stayed injunction barred federal agents deployed to Minnesota immigration operations from using pepper spray or nonlethal munitions on peaceful protesters, from arresting peaceful protesters, and from stopping or detaining drivers and passengers near protests without reasonable, articulable suspicion of forcible interference.
- The injunction arose from an ACLU lawsuit on behalf of six community members; plaintiff Susan Tincher said she was handcuffed within 15 seconds of arriving to observe ICE activity, was shackled, and was held for five hours.
- Thousands of federal agents have been deployed to Minneapolis for immigration enforcement and fraud investigations; Menendez said her order was intended to remain only until that mass surge concludes.
- Attorney General Pam Bondi reacted by calling Menendez a 'liberal judge' who tried to 'handcuff ICE agents,' describing the 8th Circuit stay as a 'victory' and saying it shows the DOJ will protect agents from 'activist judges.'
- Reporting cites an Associated Press account that ICE is operating under an internal memo asserting broader authority to use force during arrests, including entering homes based on administrative warrants rather than judicial warrants.
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- Fox identifies Attorney General Pam Bondi’s reaction, quoting her characterizing Menendez as a 'liberal judge' who tried to 'handcuff ICE agents' and calling the stay a 'victory' and proof DOJ will protect agents from 'activist judges.'
- The article reiterates that the stay is an 'administrative stay' that halts Judge Kate Menendez’s preliminary injunction while the 8th Circuit considers the government’s broader request to block the injunction during the appeal.
- It notes Associated Press reporting that ICE is currently operating under an internal memo that asserts broader authority to use force during arrests, including entering homes based on administrative warrants rather than judicial warrants.
- CBS article confirms the 8th Circuit granted an administrative stay of Judge Katherine Menendez’s preliminary injunction while the federal government pursues an appeal.
- Details of Menendez’s now‑stayed order: it barred federal agents deployed to Minnesota immigration operations from using pepper spray or nonlethal munitions on peaceful protesters, from arresting peaceful protesters, and from stopping or detaining drivers and passengers near protests without reasonable articulable suspicion of forcible interference.
- The injunction arose from an ACLU lawsuit on behalf of six community members; plaintiff Susan Tincher is quoted describing being handcuffed within 15 seconds of arriving to observe ICE activity, shackled, and held for five hours.
- The article reinforces that thousands of federal agents have been deployed to Minneapolis for immigration enforcement and fraud investigations, and that Menendez had intended her order to remain in effect only until the mass surge concludes.