A federal judge orders ICE to stop arresting and pepper-spraying peaceful protesters
A federal judge has barred federal agents in Minneapolis from arresting peaceful protesters or using nonlethal weapons and crowd-control tactics against them.
The 80-page ruling by U.S. District Judge Kate Menendez, who sits in Minneapolis, comes amid escalating tensions between the Trump administration and Minnesota officials. State and local leaders have accused Immigration and Customs Enforcement (ICE) agents of creating fear and instability during recent enforcement operations. The decision follows the fatal shooting of Renee Good by an ICE agent last week.
Menendez’s order restricts Homeland Security and ICE personnel involved in Operation Metro Surge from using pepper spray or other nonlethal munitions against individuals engaged in peaceful, unobstructed protest activity. The ruling also prohibits agents from stopping vehicles that are following them, provided the vehicles maintain a safe and appropriate distance.
“The First Amendment protects speech and peaceful assembly — not rioting,” said DHS spokesperson Tricia McLaughlin in a statement. “DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters. Obstructing law enforcement is a federal crime, and assaulting law enforcement is a felony.”
White House spokesperson Abigail Jackson criticized the ruling, calling it “absurd” and accusing the judge of adopting a “dishonest, left-wing narrative.” She said federal agents had acted lawfully to protect themselves and maintain the integrity of their operations, adding that the Trump administration “will always enforce the law.”
The Justice Department did not immediately respond to a request for comment. The Trump administration may seek an immediate appeal. In recent weeks, more than 2,000 Homeland Security personnel have been deployed to Minnesota to conduct deportation operations and investigate alleged fraud within Minneapolis’ Somali community.
“There is no sign that this operation is winding down — indeed, it appears to still be ramping up,” Menendez wrote.
As enforcement efforts intensify, the Justice Department has also begun scrutinizing two prominent Minnesota officials who have sharply criticized the administration: Gov. Tim Walz and Minneapolis Mayor Jacob Frey. According to a person briefed on the matter, federal prosecutors issued grand jury subpoenas Friday seeking information related to possible obstruction of immigration enforcement.
The investigation is examining potential violations of a federal statute that prohibits conspiracies to impede or injure federal officers. A Justice Department spokesperson declined to comment.
The inquiry into Walz and Frey marks a further escalation in the administration’s conflict with Democratic leaders in the state. Walz, who ran on the Democratic ticket against President Trump in 2024, criticized the move on social media, accusing the administration of weaponizing the justice system against political opponents. He also noted that the ICE agent involved in Good’s shooting has not been publicly investigated.
Menendez’s decision stems from an emergency request filed by protesters who sued ICE in December, alleging unconstitutional arrests and excessive force during demonstrations. The plaintiffs cited Good’s death as grounds for expedited judicial action.
The judge found that protesters observed and criticized ICE agents but did not obstruct their work or pose a threat. She concluded they were nonviolent and engaged in constitutionally protected activity.
Local leaders have repeatedly called for ICE to leave Minnesota, arguing that federal operations have endangered public safety. Frey has publicly urged the agency to leave Minneapolis. The ruling mirrors similar decisions issued by federal judges in Los Angeles and Chicago, where courts found that law enforcement tactics used against protesters and journalists violated the First Amendment.
“Peaceful observers and protesters turned out again today, and they will continue to do so every day until Operation Metro Surge is over,” the plaintiffs wrote in a letter to the court. “Minnesotans exercising their constitutional rights continue to face unconstitutional and terrifying force — and conditions appear to be worsening, not improving.”