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Federal judge bars ICE from retaliating against protesters in Minnesota

A federal judge ordered ICE agents to stop retaliating against peaceful protesters and observers in Minnesota.

Why it matters: Minnesota officials have banked on federal courts stepping in to deescalate tensions around the Trump administration's increasingly forceful immigration enforcement campaign in the Twin Cities.


  • This case involves six individual plaintiffs, and Minneapolis, St. Paul and state officials have filed a separate lawsuit that seeks to end the ICE surge.

Driving the news: U.S. District Judge Katherine Menendez barred ICE agents from arresting or pepper spraying people for simply observing or criticizing the federal government's actions.

  • The judge also ruled that safely following ICE vehicles does not on its own justify a traffic stop, protecting an increasingly common tactic used by Minnesotans to track raids in the Twin Cities.

The big picture: A federal judge similarly restricted federal agents in Chicago last fall after journalists and protesters alleged federal agents targeted them with "extreme brutality" outside an ICE facility.

Catch up quick: The ACLU filed the suit Dec. 17 on behalf of six U.S. citizens who said they were legally observing ICE activity when federal agents arrested, pepper-sprayed or threatened them.

  • The plaintiffs include Susan Tincher, whose December arrest outside her home by ICE agents was widely reported in local news; and Abdikadir Abdi Noor, who said he was urging others to remain calm when ICE agents suddenly tackled and arrested him.
  • The Department of Homeland Security's attorneys argued agents contended with "threats and violence" that went beyond protected speech, but Judge Menendez noted the federal government didn't provide first-hand accounts or evidence to back up its claims.

Zoom out: The ACLU filed a separate lawsuit that alleges federal agents are stopping, questioning, searching and detaining residents without warrants or probable cause — and asks a judge to restrict agents' practices.

What we're watching: President Trump threatened Thursday to invoke the Insurrection Act, which would let him send soldiers to Minnesota with fewer restrictions on their tactics.

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