ICE in Minnesota: Court suspends order that restricted ICE agent tactics against protesters

MINNEAPOLIS (FOX 9) - A court struck down a judge's order that said federal agents cannot detain or use force against peaceful protesters after lawyers for the federal government said the ruling made it more difficult for officers to defend themselves.

The injunction, issued on Friday, Jan. 16, also banned agents from stopping or detaining drivers and passengers in vehicles who are following agents from a safe distance. 

The 8th Circuit U.S. Court of Appeals ruled in favor of the federal government on Wednesday, Jan. 21, striking down the previous injunction. 

ICE restraining order struck down 

What they're saying:

The restraining order previously banned federal agents from using tear gas and other forms of force against peaceful protesters. It also restricted them from detaining people who follow or observe them from a safe distance without obstructing operations. 

The order was issued by U.S. District Judge Katherine Menendez, who initially declined to bring an immediate end to the ICE surge in Minnesota, instead ruling to fast-track arguments in the lawsuit.

Secretary of Homeland Security Kristi Noem said during an interview with CBS News Face the Nation on Jan. 18 that the order was frivolous, and that it did nothing to change tactics carried out by ICE agents. 

"That federal order was a little ridiculous, because that federal judge came down and told us we couldn't do what we already aren't doing," Secretary Noem said. "We only use those chemical agents when there is violence happening and perpetuating, and you need to be able to establish law and order to keep people safe."

What's next:

ICE agents have been seen deploying chemical agents such as tear gas and pepper spray against crowds in the Twin Cities as recently as Wednesday. Several other clashes have been documented in recent weeks. Confrontations have only intensified after the fatal shooting of Renee Good in Minneapolis on Jan 7.

The White House also confirmed that Vice President JD Vance will visit Minnesota on Thursday. Officials say he will "hold a roundtable with local leaders and community members and will deliver remarks focused on restoring law and order in Minnesota."

Operation Metro Surge 

The backstory:

This all comes during an intense federal immigration crackdown in the Twin Cities, which authorities are calling "Operation: Metro Surge."

Local leaders have consistently voiced their opposition to ICE agents and their tactics in Minnesota, alleging excessive force and racial profiling. 

The U.S. Department of Justice served grand jury subpoenas to six Minnesota government offices, including Gov. Tim Walz's office, Attorney General Keith Ellison's office, Minneapolis Mayor Jacob Frey's office, and St. Paul Mayor Kaohly Her's office.