Appeals court pauses restrictions on ICE tactics in Minnesota

A federal appeals court ruled Wednesday that a lower court order restricting how federal immigration officers could respond to protests in the Minneapolis area will be paused while the case continues.

The U.S. Court of Appeals for the 8th Circuit issued a brief order lifting an injunction that was issued Friday by U.S. District Judge Katherine Menendez in Minnesota. The district court’s decision had temporarily limited the use of arrests, tear gas, pepper spray, and other force by Immigration and Customs Enforcement officers against demonstrators who were not directly engaging in violence and obstruction.

ICE officers in Minnesota.
A person looks out of their vehicle as Immigration and Customs Enforcement officers walk away, Thursday, Jan. 15, 2026, in Richfield, Minnesota. (AP Photo/Adam Gray)

Attorney General Pam Bondi praised the decision as a “victory” for the Trump administration’s Operation Metro Surge, a Department of Homeland Security immigration enforcement operation that began in the Twin Cities in December and later expanded across the state.

“A liberal judge in Minnesota tried to handcuff ICE agents who are enforcing the Nation’s immigration laws and responding to obstructive and violent interference from agitators,” Bondi said, calling the “liberal” district court judge’s decision last Friday one that was “designed to undermine federal law enforcement.”

“This DOJ will protect federal law enforcement agents from criminals in the streets AND activist judges in the courtroom,” Bondi added.

The dispute stems from protests against President Donald Trump’s surge in immigration enforcement across the Twin Cities. In December, several protesters sued the administration, arguing that ICE tactics during enforcement operations infringed on their First and Fourth Amendment rights.

In her Friday ruling, Menendez, an appointee of former President Joe Biden, barred ICE officers from arresting or using chemical irritants against peaceful protesters or observers and said conduct such as crowds forming around officers or following ICE vehicles did not, by itself, justify a forceful response. The order was set to remain in place until the enforcement operation concluded or “conditions change such that it is no longer necessary.”

“Plaintiffs allege they have been subject to a variety of retaliatory behavior by Defendants, including traffic stops, arrests, the indiscriminate use of chemical irritants, and pointing of firearms,” Menendez wrote, adding that such actions could chill protected speech.

The judge rejected warnings from DHS attorneys, who argued their agents face threats and violence. DHS lawyers cited confrontations by protesters that they said fell outside protected speech, including assaults on federal officers, damage to federal property, obstruction of agents trying to leave volatile scenes, and pursuits of law enforcement vehicles. Menendez disagreed that those examples showed that protesters had gone beyond activity protected by the First Amendment, singling out vehicle-chasing as insufficient on its own and disputing that the other conduct had occurred as described.

The appeals court’s pause temporarily lifts the limits Menendez imposed, allowing ICE to operate without the court-imposed restrictions while appellate judges review the government’s arguments. The appeals court did not explain its reasoning in the short order.

JUDGE LIMITS ICE CROWD CONTROL TACTICS AGAINST PROTESTERS IN MINNESOTA

Protests in the Twin Cities have intensified in recent days. Unrest escalated after the death of Renee Good, whom an ICE officer fatally shot after she allegedly struck him with her car. Authorities also reported that a Minnesota man broke into an FBI vehicle and stole a rifle earlier this week. The suspect, described by officials as an alleged member of the Latin Kings gang, was later arrested.

The lawsuit that prompted Menendez’s order was filed by the American Civil Liberties Union on behalf of six plaintiffs who allege they were unjustifiably assaulted or arrested by ICE officers during demonstrations.

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