Hennepin County Attorney Mary Moriarty charged a federal Immigration and Customs Enforcement officer with two counts of felony second-degree assault Thursday, saying the agent pointed his service weapon at two people in a car after pulling alongside them on a Minneapolis-area highway in February. The case is the first criminal charge brought against a federal officer involved in Minnesota’s immigration crackdown, Moriarty said at a news conference. A nationwide warrant has been issued for the agent, Gregory Donnell Morgan Jr., 35, who had not surrendered as of Thursday.
The charges escalate a confrontation between Minnesota officials and the Trump administration over the conduct of the approximately 3,000 federal officers deployed to the Minneapolis–St. Paul area between December and February — a surge that produced thousands of arrests, mass protests, and the fatal shootings of two U.S. citizens by federal agents.
“There is no such thing as absolute immunity for federal agents who violate the law in the state of Minnesota,” Moriarty said, adding that Morgan acted outside the scope of a federal officer’s authority.
The alleged incident
Minnesota authorities say the incident occurred Feb. 5, while Morgan was driving back to immigration offices at the end of his shift in a rented, unmarked SUV. According to the arrest warrant filed in Hennepin County, a car also moved into the highway shoulder, its driver unaware that Morgan was a law enforcement officer.
After the car returned to the legal lane, the warrant says, Morgan pulled up alongside and pointed his service weapon at the driver and front-seat passenger. The victims called 911, telling dispatchers they feared it was a “crazy person driving down the road aiming guns at people,” the warrant states.
Morgan then merged his SUV back into traffic ahead of the victims, who photographed the license plate with their cellphones, according to the warrant.
The arrest warrant says Morgan “made no claim that he was conducting any law-enforcement operation or activity or responding to any emergency situation.”
Morgan told investigators with the Minnesota State Patrol that the other vehicle “swerved over in front of him and cut him off,” the warrant said. He told investigators he “feared for his safety and the safety of others” when he drew his gun and yelled “Police! Stop!” The warrant notes the victims could not tell Morgan was a law enforcement officer and could not hear him because their windows were up.
A spokesman for Moriarty’s office said no arrangements have been made for Morgan to surrender and that an active nationwide warrant is in effect. If convicted, Morgan faces up to seven years in prison for each charge.
Federal-state confrontation
The charges could sharpen a clash between Minnesota officials and the Trump administration. Acting Attorney General Todd Blanche has warned that the Justice Department could investigate and prosecute state or local officials who arrest federal agents for performing their official duties.
Moriarty said she is not concerned about blowback from federal authorities, and that her office will “hold people accountable if they violate the laws of the state.”
Michael Gerhardt, a constitutional law professor at the University of North Carolina at Chapel Hill, said the actions described in the arrest warrant do not appear relevant to Morgan’s official duties. But because Morgan was apparently on duty at the time, Gerhardt said, the officer could petition to move the charges to federal court and claim immunity.
“When you look at it more closely, flashing a gun is a serious threat,” Gerhardt said. “And there’s a good argument that isn’t part of his official duties … it’s abusing his powers.”
Context: the Minnesota surge
The Department of Homeland Security deployed about 3,000 federal officers to the Minneapolis–St. Paul area from December through February in what the department called its largest immigration enforcement operation ever. The surge produced thousands of arrests and large protests. Two U.S. citizens, Renee Good and Alex Pretti, were killed by federal officers during the operation.
Minnesota authorities say they continue to investigate the conduct of federal officers during the crackdown, asserting they cannot trust the federal government to investigate itself. Minnesota sued the Trump administration last month for access to evidence in three cases involving shootings by federal officers, including the killings of Good and Pretti.
Two of the operation’s most prominent leaders have since departed. Trump fired Homeland Security Secretary Kristi Noem in March, shortly after the Minnesota surge ended. That same month, Gregory Bovino, the Border Patrol sector chief who led immigration operations in several large cities, announced his retirement.