Federal Judge Limits ICE Use of Tear Gas on Peaceful Minneapolis Protesters
MINNEAPOLIS, Minn. — A federal judge in Minnesota has issued a significant ruling curtailing the use of tear gas and detainment tactics by Immigration and Customs Enforcement (ICE) and Border Patrol agents amid ongoing protests in the Minneapolis area. The order, handed down by U.S. District Judge Kate Menendez on January 17, 2026, prohibits federal officers from deploying tear gas against peaceful protesters who are not obstructing law enforcement during the ongoing Operation Metro Surge.
The ruling comes in the wake of heightened tensions following the fatal shooting of Renee Good, a Minnesota resident, earlier this month by an ICE agent during an immigration enforcement operation. The incident sparked widespread protests in Minneapolis, with demonstrators calling for accountability and reform in federal immigration enforcement practices.
Judge Menendez’s order specifically bars ICE and Border Patrol agents from retaliating against individuals peacefully protesting or merely observing federal law enforcement activities. It mandates that officers must have probable cause or reasonable suspicion that a person has committed a crime or is interfering with law enforcement operations before taking action. This judicial intervention aims to protect First Amendment rights while balancing law enforcement objectives.
The ruling has drawn attention from various stakeholders. The Immigration and Customs Enforcement agency has been conducting Operation Metro Surge as part of a broader effort to address immigration violations and public safety concerns in the Minneapolis area. However, the deployment of federal agents and their tactics have been met with fierce resistance from community activists and local officials.
Following the judge’s decision, Department of Homeland Security Assistant Secretary Tricia McLaughlin commented on the challenges of balancing enforcement with constitutional rights, emphasizing that the First Amendment does not protect violent or obstructive conduct, but peaceful protest must be respected. The DHS oversees ICE and Border Patrol operations and has been closely monitoring the situation.
The protests have at times escalated into confrontations, drawing national attention to the complexities of federal immigration enforcement in urban settings. Local law enforcement and the Minnesota National Guard have been placed on standby to support order amid the unrest. Community groups and civil rights organizations, including the American Civil Liberties Union, have criticized the use of aggressive tactics against demonstrators, advocating for restraint and respect for civil liberties.
This judicial order reflects broader national debates over immigration enforcement and protest rights. Data from the U.S. Customs and Border Protection indicates that immigration operations often lead to public demonstrations, requiring careful coordination between federal agencies and local communities.
As Minneapolis continues to grapple with the aftermath of the shooting and ongoing protests, the ruling by Judge Menendez sets a legal precedent limiting the use of force against peaceful protesters and underscores the judiciary’s role in safeguarding constitutional protections during contentious law enforcement actions. The situation remains fluid, with federal agencies adjusting their operational protocols in response to the court’s directives and public scrutiny.

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