Ruling temporarily lifts limits on detentions and use of crowd-control tools while appeal proceeds.
By yourNEWS Media Newsroom
A federal appeals court on Jan. 21 paused a lower-court order that had restricted immigration agents from detaining protesters or using tear gas and other crowd-control tools during enforcement operations in Minnesota.
The U.S. Court of Appeals for the Eighth Circuit issued a brief order granting a stay of the injunction while the government’s appeal moves forward, leaving no explanation for the decision. The pause effectively suspends a Jan. 16 ruling by Kate Menendez of the U.S. District Court for the District of Minnesota, which had imposed limits on agents’ actions during protests.
Menendez’s order barred federal officers from arresting or detaining protesters and from deploying nonlethal munitions or crowd-dispersal tools when demonstrators were not obstructing law enforcement. She also ruled that peacefully observing or filming agents, or following them at a safe distance, did not by itself create reasonable suspicion for a stop.
In an emergency filing seeking the stay, government attorneys argued that the district court relied on a small number of disputed allegations and that higher courts have previously rejected similar claims. They said the injunction caused immediate harm by placing day-to-day oversight of a federal enforcement operation under judicial supervision, which they argued infringed on executive authority and hindered immigration enforcement.
The dispute centers on Operation Metro Surge, a federal initiative launched in 2025 that targets illegal immigrants in Minnesota. The Department of Homeland Security said this week that agents have arrested more than 10,000 criminal illegal aliens in the state in recent weeks, including individuals convicted of violent offenses. The operation has sparked repeated protests, particularly in the Minneapolis area.
The lawsuit challenging the agents’ conduct was brought by six Minneapolis residents who said they were arrested or threatened for observing or recording enforcement activity. The complaint argues that federal actions violated First Amendment protections and chilled lawful protest, observation, and criticism of government activity.
In her ruling, Menendez agreed with the plaintiffs, writing that their conduct was constitutionally protected and that law enforcement responses deterred that activity. She ordered agents not to arrest or detain people engaged in peaceful, unobstructive protests and prohibited the use of pepper spray and other nonlethal munitions against such demonstrators.
Following the district court’s decision, a DHS spokesperson said the agency was taking “appropriate and constitutional measures” to enforce immigration law and protect officers and the public from violent rioters.
With the Eighth Circuit’s stay now in place, the restrictions are no longer enforceable while the appeal is considered, allowing federal agents to continue operations under existing enforcement authority until the court issues a final ruling.
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