A federal appeals court struck down Wednesday an order that had restricted federal immigration agents from using chemical agents against peaceful protesters in Minnesota, clearing the way for officers to resume deploying tear gas and pepper spray during immigration enforcement operations.
The 8th Circuit U.S. Court of Appeals granted the Justice Department’s request to pause restrictions while the government appeals a lower court ruling. The order provides no explanation for the decision.
Last Friday, U.S. District Judge Katherine Menendez had issued an 83-page preliminary injunction barring federal agents deployed as part of Operation Metro Surge from using pepper spray or nonlethal munitions on peaceful protesters. The order also prohibited agents from stopping or detaining drivers and passengers without reasonable suspicion that they were interfering with law enforcement operations.
Videos captured Wednesday showed Border Patrol Commander Greg Bovino throwing chemical canisters at protesters near West 28th Street and Blaisdell Avenue in Minneapolis. Another video shared with NBC News showed Bovino deploying a smoke canister at observers in south Minneapolis.
The incidents occurred shortly after the appeals court lifted the restrictions.
Secretary of Homeland Security Kristi Noem defended the use of chemical agents during a Sunday appearance on CBS’s “Face the Nation,” saying they are only deployed in response to violence.
“That federal order was a little ridiculous, because that federal judge came down and told us we couldn’t do what we already aren’t doing,” Noem said. “We only use those chemical agents when there is violence happening and perpetuating, and you need to be able to establish law and order to keep people safe.”
When confronted with video footage showing federal agents deploying chemical irritants during protests, Noem adjusted her account, attributing the use of force to protesters’ behavior.
The lawsuit that led to Menendez’s order was filed in December by six Minnesota activists represented by the American Civil Liberties Union of Minnesota. The case preceded the fatal shooting of Renee Good, an unarmed U.S. citizen, by an ICE agent in Minneapolis on January 7.
In her Friday ruling, Menendez found that federal agents had used chemical irritants against protesters on at least four occasions and that the evidence was “uncontroverted.” She concluded that agents used chemical agents to punish protesters for exercising “protected First Amendment rights to assemble and to observe and protest ICE operations.”
Menendez also found that federal agents violated plaintiffs’ Fourth Amendment rights by conducting unreasonable seizures.
The Trump administration has deployed thousands of federal agents to Minnesota as part of Operation Metro Surge, aimed at detaining individuals suspected of being in the country illegally and investigating allegations of fraud in the state.
Tensions between federal agents and protesters have escalated since Good’s death, with multiple confrontations captured on video showing agents deploying chemical agents and protesters throwing objects at officers.
Minnesota officials have strongly criticized the immigration operations. Gov. Tim Walz and Minneapolis Mayor Jacob Frey are both under federal investigation for an alleged conspiracy to impede immigration agents.
View on Threads
The U.S. Department of Justice served grand jury subpoenas to six Minnesota government offices, including Walz’s office, Attorney General Keith Ellison’s office, Frey’s office and St. Paul Mayor Kaohly Her’s office.
Vice President JD Vance is scheduled to visit Minnesota on Thursday to “hold a roundtable with local leaders and community members and will deliver remarks focused on restoring law and order in Minnesota,” according to White House officials.
The City of Minneapolis has urged community members to remain “peaceful and lawful” around immigration agents and said it expects the federal administration to comply with court orders “for the safety of all.”
