Minnesota Judge Restricts ICE Tactics at Protests

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MINNEAPOLIS, Minn. (The Hill) — In a significant legal ruling on Friday, a federal judge imposed restrictions on the actions of Immigration and Customs Enforcement (ICE) officers in Minnesota. The order comes amidst heightened tensions following the death of a woman at the hands of an ICE officer last week, which has sparked widespread protests.

U.S. District Judge Katherine Menendez issued a directive prohibiting ICE from retaliating against, arresting, or detaining individuals participating in peaceful and non-disruptive demonstrations. In her ruling, Judge Menendez emphasized the importance of protecting the rights of demonstrators engaging in lawful protest activities.

Additionally, the judge’s order bans the use of pepper spray and other non-lethal munitions against protesters. ICE officers are also restricted from stopping or detaining drivers and passengers unless there is a clear and reasonable suspicion that they are actively obstructing or interfering with federal agents.

The legal proceedings were initiated after six individuals filed a lawsuit in December. The plaintiffs claimed that ICE officers violated their First and Fourth Amendment rights by using chemical irritants, intimidation tactics, including pointing firearms, and through unjust detention and arrests. Judge Menendez’s ruling addresses these allegations and seeks to safeguard protesters’ constitutional rights.

One of the plaintiffs, Somali-American and U.S. citizen Abdikadir Noor, told Menendez that he pulled his car to the side of the road as he saw masked ICE officers in plain clothes pull over another car “occupied by two Latinos.” Noor joined others in protest against the ICE officers. Officers grabbed protesters and pulled a pregnant woman to the ground before they moved toward Noor, he described.

Noor was arrested and put in a car driving “about 85 miles per hour,” to which Noor said he could not put on his seatbelt. Officers looked at his passport and Noor claimed to hear them say, “[T]hey all come here fraudulently. 50% are here fraudulently”; “Somalis drained Minnesota”; and “Somalis should go back home.” He was detained but was not charged or given paperwork before he was released.

The order cites other incidents of ICE activity to deter protests, where eyewitnesses describe officers pointing their weapons at protesters, using pepper-spray on them or throwing people to the ground before detaining them.

Menendez requested sworn declarations from David Easterwood, acting Field Office Director for ICE’s St. Paul, Minn., office, regarding these incidents with the plaintiffs. She said the declarations he provided about the plaintiffs “are entitled to considerably less weight than Plaintiffs’ declarations.”

The suit was filed before Jan. 7, when ICE officer shot and killed Minneapolis resident Renee Good. The shooting sparked outrage and protests in the city and across the country. The Trump administration defended Ross and accused Good of “domestic terrorism,” claiming she attempted to run Russ over with her SUV.

Menendez’s ruling comes as the Department of Justice (DOJ) issued subpoenas to Minnesota Gov. Tim Walz (D) and Minneapolis Mayor Jacob Frey (D) as part of a criminal investigation. Walz called the move “an authoritarian tactic,” while Frey said it was “obvious attempt to intimidate me for standing up for Minneapolis, our local law enforcement, and our residents against the chaos and danger this Administration has brought to our streets.”

Since the shooting, a Venezuelan migrant was shot in the leg by a federal immigration enforcement officer after the Department of Homeland Security (DHS) said the officer was attacked by two people during the arrest. The migrant and the officer were hospitalized and the two people were detained.

ICE has also been accused of detaining four Oglala Sioux tribal members this week. One person was released but the other three remain in custody. Tribal President Frank Star Comes Out said that the tribal members were homeless and detained under a bridge in Minneapolis. DHS stated that it could not “verify any claims” of the tribal members being arrested.