A judge in Minnesota ruled on Friday that federal officers in the Minneapolis area involved in the largest recent U.S. [immigration operation] cannot detain or use tear gas on peaceful protesters who are not obstructing authorities, including those observing the agents.
U.S. District Judge Kate Menendez’s ruling pertains to a case filed in December on behalf of six Minnesota activists. These six are among the thousands who have been observing the actions of Immigration and Customs Enforcement and Border Patrol officers carrying out the Trump administration’s immigration crackdown in the Minneapolis-St. Paul area since last month.
Federal agents and demonstrators have clashed since the crackdown began. The confrontations intensified after a person was hit in the head on Jan. 7 while driving away from a scene in Minneapolis, an incident captured from multiple angles. Agents have arrested many people in the Twin Cities.
The activists in the case are represented by the American Civil Liberties Union of Minnesota, which claims that government officers are infringing on the constitutional rights of Twin Cities residents.
Following the ruling, U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin issued a statement stating that her agency was implementing “appropriate and constitutional measures to uphold the rule of law and safeguard our officers and the public from dangerous rioters.”
She stated that people have attacked officers, damaged their vehicles and federal property, and tried to hinder officers from performing their duties.
McLaughlin said, “We remind the public that rioting is dangerous — obstructing law enforcement is a federal offense and assaulting law enforcement is a felony.”
The ACLU did not immediately respond to requests for comment on Friday night.
The ruling forbids officers from detaining drivers and passengers in vehicles unless there is reasonable suspicion that they are obstructing or interfering with the officers.
The ruling stated, “Safely following agents at an appropriate distance does not in itself create reasonable suspicion to warrant a vehicle stop.”
Menendez stated that agents cannot arrest people without probable cause or reasonable suspicion that the person has committed a crime or is obstructing or interfering with officers’ activities.
Menendez is also overseeing a lawsuit filed Monday by the state of Minnesota and the cities of Minneapolis and St. Paul to suspend the enforcement crackdown, and some legal issues are analogous. She declined at that time to grant the state’s request for an immediate temporary restraining order in that case.
State Assistant Attorney General Brian Carter told her, “What we most need right now is a pause. The temperature needs to be reduced.”
Menendez said the issues raised by the state and cities in that case are “enormously important.” But she noted that it involves high-level constitutional and other legal issues, and for some of these issues, there are few relevant precedents. Therefore, she ordered both parties to file additional briefs next week.