Justice Department Appeals Limits on ICE in Minnesota

Federal lawyers notified the court they would appeal the restrictions on the use of pepper spray and protester arrests.
Published: 1/19/2026, 9:45:43 PM EST
Justice Department Appeals Limits on ICE in Minnesota
Immigration and Customs Enforcement (ICE) agents confront protestors in front of the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 12, 2026. (John Fredricks/The Epoch Times)
Attorneys for the Trump administration notified a Minnesota court on Monday they were appealing a judge’s order that placed restrictions on federal immigration officers, barring them from using pepper spray or other nonlethal munitions and crowd-dispersal tools against peaceful protesters.

In a short notice filed with Judge Kate Menendez at the U.S. District Court of Minnesota, who ruled on the case three days earlier, Justice Department lawyers said they would challenge the judge’s restrictions at the U.S. Court of Appeals for the Eighth Circuit.

The order also prohibits federal officers from stopping or arresting drivers and passengers that follow U.S. Immigration and Customs Enforcement (ICE) or U.S. Department of Homeland Security (DHS) vehicles if they aren’t interfering with the officials.

“The act of safely following Covered Federal Agents at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop,” Menendez ruled.

After the ruling, Tricia McLaughlin, DHS assistant secretary for public affairs, issued a statement saying her agency was taking “appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”

Minnesota Attorney General Keith Ellison said the restrictions were important.

“This is an important preliminary win for all Minnesotans exercising their constitutional right to peaceful protest and witness,” Ellison said in a statement.

Tensions continue to mount in the state, which in addition to seeing ICE operations has become the focus of federal fraud investigations.

An anti-ICE protest on Sunday, attended by former CNN anchor Don Lemon, interrupted a church service in St. Paul, Minnesota, frightening congregants and their children.

Assistant U.S. Attorney General Harmeet Dhillon, who leads the department’s Civil Rights Division, said an investigation was underway.

“Make no mistake: [Attorney General Pam] Bondi and [the Justice Department] will pursue federal charges in this case,” Dhillon stated on X.
Federal immigration officers are continuing to arrest criminal illegal immigrants in DHS’s Operation Metro Surge, despite an aggressive campaign by Gov. Tim Walz and Minneapolis Mayor Jacob Frey, both Democrats, opposing the federal law enforcement operations.

Homeland Secretary Kristi Noem said federal officers have arrested more than 10,000 criminal illegal immigrants in Minneapolis, including 3,000 in the past three weeks.

Protestors demonstrate against Immigration and Customs Enforcement (ICE) operations in Minneapolis, on Jan. 10, 2026. (John Fredricks/The Epoch Times)
Protestors demonstrate against Immigration and Customs Enforcement (ICE) operations in Minneapolis, on Jan. 10, 2026. John Fredricks/The Epoch Times
“Our Homeland Security Investigators are on the ground in Minneapolis conducting widescale investigations to get justice for the American people who have been robbed blind,” Noem stated on X on Monday referring to her department's parallel fraud investigation.
Walz mobilized his state’s National Guard on Saturday and said he would have his soldiers wear bright yellow reflective vests over their uniforms so protesters can “distinguish them from other agencies.”

The Pentagon has also ordered around 1,500 active duty soldiers in Alaska to prepare for a possible deployment to the state.