A U.S. appeals court on Wednesday lifted a lower court order that had restricted federal officers from arresting or tear-gassing peaceful protesters in Minneapolis. The move comes amid ongoing tensions related to a surge of immigration agents deployed to the area.
A U.S. District Court judge had previously issued a preliminary injunction barring federal immigration agents from retaliating against individuals engaged in nonviolent protests. This order prohibited detaining or using crowd-control munitions against peaceful demonstrators or bystanders observing immigration enforcement operations in Minneapolis and St. Paul. However, the U.S. Department of Homeland Security (DHS) appealed the ruling, and the 8th U.S. Circuit Court of Appeals subsequently blocked the injunction while it considers a longer-term decision.
U.S. Attorney Pam Bondi welcomed the appeals court decision, stating it thwarted an attempt to “handcuff ICE agents.” The deployment of nearly 3,000 Border Patrol and ICE officers to Minneapolis has sparked numerous confrontations and daily protests. Tensions escalated following the fatal shooting of Renee Good, a U.S. citizen, by an ICE agent two weeks ago.
On Sunday, federal agents broke down the door of a Minneapolis home, mistakenly arresting a man, ChongLy “Scott” Thao, before realizing they had the wrong person. The individuals they were initially seeking were found to be incarcerated elsewhere.
A recently surfaced internal ICE memo asserts that DHS lawyers have granted ICE officers more leeway to forcibly enter private homes to make immigration arrests without a court-issued warrant. This marks a departure from previous policy, which generally required a warrant for such entries. The memo acknowledges that DHS has not historically relied on administrative warrants alone for these actions.
Judge Menendez was also overseeing a separate lawsuit filed by the governments of Minnesota and the Twin Cities, seeking to restrain the surge in immigration enforcement. The lawsuit alleges violations of residents’ rights, including forced entries and arrests without probable cause. The Trump administration maintains its operations are lawful. Trump has criticized the state’s Somali community and launched a criminal investigation of state and local leaders who oppose the ICE surge.
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