The court decision removes a legal constraint on federal officers’ use of chemical agents while immigration enforcement expands into new states. This expansion intensifies conflicts between federal authorities and local officials who have attempted to limit enforcement activities.
A federal appeals court suspended a ruling that prohibited federal officers from using tear gas and pepper spray against protesters in Minnesota on Wednesday, clearing the way for more aggressive enforcement tactics. The decision came as immigration agents expanded operations to Maine and served state and local officials with subpoenas seeking records about their opposition to the enforcement campaign. Immigration enforcement officers said they have arrested more than 10,000 undocumented immigrants in Minnesota over the past year.
The 8th U.S. Circuit Court of Appeals froze the earlier ruling while the government pursues an appeal. The original decision had barred federal officers from using tear gas or pepper spray against peaceful protesters and from detaining people who followed immigration agents in vehicles.
Attorney General Pam Bondi praised the appeals court decision on X following the suspension, saying the Justice Department “will protect federal law enforcement agents from criminals in the streets AND activist judges in the courtroom.”
Moments after the stay was issued, Greg Bovino of U.S. Border Patrol, who commands the administration’s large-city immigration campaign, was filmed on a snowy Minneapolis street repeatedly warning protesters “Gas is coming!” before deploying a canister that released green smoke.
Twin Cities Crackdown Intensifies
Operation Metro Surge, the immigration enforcement operation in the Twin Cities, has been underway for several weeks. The operation is taking place in a state where significant tensions have emerged between federal enforcement authorities and local officials. An ICE officer fatally shot Renee Good on January 7 during an immigration enforcement encounter, an incident that prompted calls for investigation from state officials and generated protests across Minneapolis.
On Tuesday, state and local officials were served with federal grand jury subpoenas requesting records about efforts to restrict immigration enforcement. A political action committee founded by former Vice President Kamala Harris urged donors to contribute to a defense fund for Gov. Tim Walz, her 2024 running mate. Harris’ email said the Justice Department was “going after Trump’s enemies,” referring to President Donald Trump.
Expansion to Maine
In Maine, the Department of Homeland Security named its enforcement operation “Catch of the Day,” an apparent reference to the state’s seafood industry. Maine has relatively few residents living in the country illegally but has a notable refugee population, particularly in its largest cities from African nations.
Maine Secretary of State Shenna Bellows, a Democrat, declined to grant a request from Customs and Border Protection for confidential license plates. “We have not revoked existing plates but have paused issuance of new plates,” Bellows said. “We want to be assured that Maine plates will not be used for lawless purposes.”
Portland City Council member Pious Ali, a native of Ghana, described the anxiety the enforcement operation has created. “There are immigrants who live here who work in our hospitals, they work in our schools, they work in our hotels, they are part of the economic engine of our community,” Ali said.
Disputing the Numbers and Methods
A federal judge indicated willingness to grant bond and release two men following a hearing in which conflicting accounts emerged about an alleged assault on an immigration officer. One of the men had been shot in the thigh by the officer during an encounter the previous week.
The officer said he was struck repeatedly with a broom and snow shovels while attempting to subdue and arrest Alfredo Alejandro Aljorna following a car crash and foot chase. Aljorna and Julio Cesar Sosa-Celis denied assaulting the officer. Neither video evidence nor testimony from three eyewitnesses supported the officer’s account about the broom and shovels or the presence of a third person.
U.S. Magistrate Judge Douglas Micko noted that the two men could still be detained by ICE even if released from custody in the assault case. Both men, neither with violent criminal records, had been working as DoorDash drivers at night to avoid encounters with federal agents, their attorneys said.
Bovino said immigration agents have arrested more than 10,000 people in the U.S. illegally in Minnesota over the past year, including 3,000 described as “some of the most dangerous offenders” during the last six weeks of Operation Metro Surge.
Julia Decker, policy director at the Immigrant Law Center of Minnesota, questioned the accuracy of those figures. Advocates “have no way of knowing whether the government’s arrest numbers and descriptions of the people in custody are accurate,” Decker said.
Minneapolis and Saint Paul city councils are pushing for Gov. Walz to implement a statewide pause on evictions to allow families to shelter in place safely. Minneapolis City Council Minority Leader Robin Wonsley said in a statement, “No worker should have to choose between keeping a roof over their head and risking being kidnapped by ICE on the way to work.”
The grassroots Minnesota Immigrant Rights Action Committee called for the arrest of the officer who shot Renee Good and an end to federal funding for ICE enforcement. “We need our mayor, we need our elected officials to stand up to this violence,” MIRAC spokesperson Erika Zurawski said at a news conference. “On the federal level, we mean to make sure none of our U.S. representatives vote for any more funding for ICE.”
Trump administration officials have said the officer who shot Good acted in self-defense. Video of the encounter shows the Honda Pilot slowly turning away from the officer at the time of the shooting.