Border Patrol Vows Tear Gas Use, Despite Federal Judge Ruling


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Federal immigration agents in Minneapolis say they will keep using tear gas against violent demonstrators during Operation Metro Surge, despite a federal judge limiting its use against peaceful protesters; the move has split officials, drawn city pushback, and sparked a public debate over how to balance protest rights with officer safety.

Border Patrol commander Gregory Bovino made the position clear on national television, arguing enforcement must be able to respond when crowds turn dangerous and interfere with operations. “We’re going to continue to use that minimum amount of force necessary to accomplish our mission,” he said, stressing that tactics target violence, not lawful dissent. His message frames the operation as a narrow, targeted effort to protect agents and the public amid disorder.

At the same time a federal judge stepped in to curb certain tactics after a lawsuit by activists represented by civil liberties attorneys, barring federal officers from detaining or deploying tear gas against peaceful protesters who are not obstructing authorities. The order says agents must show probable cause or reasonable suspicion before detaining or using crowd-control tools, and it limits pepper spray and other non-lethal munitions against nonviolent observers. U.S. District Judge Kate Menendez underscored the trajectory of the crackdown in her ruling: “There is no sign that this operation is winding down—indeed, it appears to still be ramping up,” she wrote.

Tensions in Minneapolis were already high after an ICE enforcement action turned deadly earlier this month when an agent shot and killed 37-year-old Renee Good during an operation. The fatal shooting intensified scrutiny of federal tactics and fed concerns about escalation on the ground. City leaders publicly welcomed the court’s decision and urged calm while insisting on protections for those peacefully watching or protesting the operation.

The City wrote Saturday on X, “As this is a federal court order, we expect the federal administration to change course and comply for the safety of all,” and “We applaud the court’s decision in the ACLU’s lawsuit, which prohibits federal immigration agents from targeting or retaliating against those peacefully and lawfully protesting or observing Operation Metro Surge operations.” Officials framed the ruling as a legal check intended to preserve First Amendment activity without inviting chaos.

Minnesota Attorney General Keith Ellison chimed in with praise for the plaintiffs, writing that “this preliminary win matters for every Minnesotan exercising their constitutional right to peaceful protest and witness.” He added, “Thank you to the ACLU and the plaintiffs for standing firm in defense of this bedrock freedom,” putting the state attorney general firmly on the civil liberties side of the clash. That reaction deepened the political split between local officials and federal enforcers.

DHS Assistant Secretary Tricia McLaughlin pushed back, arguing the First Amendment does not shield those who riot or assault officers, and laying out the kinds of conduct that have driven the federal response. “We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony,” McLaughlin said, noting that “Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers.” She also stressed that agents have “used the minimum amount of force necessary to protect themselves, the public, and federal property.”

The clash is now legal, political, and practical all at once — courts setting limits, federal officials insisting on tools to fight violent behavior, and city leaders pressing for civil liberties. Expect more litigation, louder public debate, and continued high tensions on the streets as both sides press their cases and officers carry out what they call necessary enforcement actions.

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