Feds spent millions stockpiling chemical weapons ahead of Operation Metro Surge

MINNEAPOLIS (FOX 9) - Federal agents allegedly misused a powerful grade of pepper spray known as MK-9 dozens of times during Operation Metro Surge, including at close-range, according to a study by the Physicians for Human Rights Center. 

DHS used MK-9 chemical spray heavily in Twin Cities metro 

By the numbers:

The study found federal agents used MK-9 heavily in Minneapolis, St. Paul, Fort Snelling and Owatonna, including at least 44 documented cases of alleged misuse of the chemical spray. 

"This is the first big protest in the United States where I’ve seen it used at a scale like this," said Dr. Rohini Haar, who helped lead the UC Berkeley study, which documented heavy use of MK-9 in Minneapolis, St. Paul, Fort Snelling and Owatonna.  

At least one manufacturer’s guideline recommends deploying MK-9 from a minimum distance of at least six feet. However, multiple videos showed federal agents spraying protesters and observers at point-blank range in the face. 

"There’s injuries from the spray itself, especially in the eyes, when it’s shooting hard, like corneal ulcers," Haar said. "There’s chemical burns on the skin and then sometimes the most dangerous is the respiratory issues." 

Because MK-9 is more powerful than consumer grade pepper spray and has more volume, it is capable of reaching much further distances. 

‘People have the right to protest’

Why you should care:

Cell phone video captured the moment when Katie Story was sprayed in the face with MK-9 by a federal agent in Minneapolis shortly after Alex Pretti was shot and killed.  

The video shows the agent spraying Story from a short distance and without a direct audible warning. 

"It was just like pain and something sour – it’s a chemical in your eyes and on your face," Story said. 

The backstory:

Story’s account is one of more than 100 sworn declarations filed as part of the American Civil Liberties Union of Minnesota’s lawsuit against the U.S. Department of Homeland Security. 

"People have the right to protest," said the ACLU Minnesota’s legal director, Teresa Nelson. "They have a right to show up and yell at officers. They have those rights … and what we saw was indiscriminate use of chemicals against people, excessive force." 

A federal judge recently dismissed the lawsuit because Operation Metro Surge has ended. However, the same judge previously highlighted the "gratuitous deployment of pepper spray at observers and protesters." 

Nelson said the federal agents’ deployment of chemical weapons "suggests that really they’re motivated more so to retaliate against people" as opposed to using them for legitimate crowd control. 

Spending millions to stockpile chemical weapons 

Dig deeper:

The Department of Homeland Security spent millions purchasing chemical munitions, including MK-9, in the lead up to the operations in Minnesota and Chicago. 

Federal contract records reveal $4.7 million was spent in 2025 using one vendor, Quantico Tactical, which was a dramatic spike in spending compared to previous years.

"That tells me that they were prepared to use overwhelming force against people who were protesting them," Nelson said. "This was part of more of a coordinated plan to quash any dissent that they encountered." 

‘Reasonable and necessary’

The other side:

A DHS spokesperson said ICE officers are trained to use "the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and our officers."  

While in charge of the operation in Minnesota, former Border Patrol Commander Gregory Bovino said his agency followed the law when using "less lethal munitions." 

Current ICE policy requires the use of force be "objectively reasonable and necessary." 

But Nelson said the agency’s use of chemicals during Operation Metro Surge was not reasonable. 

"Shooting them with pepper balls, shooting them at point-blank range with these chemicals, using it indiscriminately is not reasonable," Nelson said.