ICE in Minnesota: Bovino, Border Patrol agents to leave Minnesota 'imminently'

MINNEAPOLIS (FOX 9) - Immigration operations remain underway following a deadly weekend shooting in Minneapolis, as state and federal officials head to court for hearings tied to immigration enforcement and evidence preservation on Monday. 

Over the weekend, federal Border Patrol agents fatally shot a Minneapolis man, 37-year-old VA ICU nurse Alex Pretti. This is the third shooting involving federal agents this year, including the fatal shooting of Renee Good by an ICE agent on Jan. 7. The latest incident comes as thousands of federal agents are in Minneapolis as part of Operation Metro Surge. 

Meanwhile, multiple federal court hearings are scheduled for Monday as legal battles unfold. A federal judge is slated to hear oral arguments on Minnesota’s lawsuit seeking to stop the surge of federal immigration agents, and another hearing is set on a temporary restraining order that blocks the Trump administration from "destroying or altering evidence" in the Alex Pretti shooting.

Find live updates on this shooting below. Watch FOX 9 live in the player above. Live events and other updates can be viewed below.

6 p.m. - Alex Pretti shooting scene evidence preservation argued in court

A U.S. District Court judge continues to hear arguments on a temporary restraining order that prevents the Department of Homeland Security (DHS) and other government agencies from "altering or destroying evidence" related to the fatal shooting of Alex Pretti by Border Patrol on Jan. 24, after granting a temporary restraining order over the weekend.

U.S. District Court Judge Eric Tostrud heard arguments on Monday from both the state and the federal government involving the preservation of evidence following the fatal shooting of Alex Pretti.

The Minnesota Bureau of Criminal Apprehension (BCA), which typically investigates all law enforcement shootings in the state, wanted to investigate the incident, but was denied access to the scene twice by federal agents, despite having a warrant. 

The Hennepin County Attorney’s Office and the BCA filed a lawsuit asking to prevent the destruction of evidence related to the fatal shooting of Alex Pretti, along with a temporary restraining order to prevent any destruction of evidence.

4:15 p.m. - Minneapolis Mayor Frey confirms federal agents leaving tomorrow

Posting to social media that he had spoken with President Trump, Minneapolis Mayor Jacob Frey has confirmed that "some federal agents will begin leaving the area tomorrow."

"I spoke with President Trump this afternoon and appreciated the conversation. I expressed how much Minneapolis has benefited from our immigrant communities and was clear that my main ask is that Operation Metro Surge needs to end. The president agreed that the present situation cannot continue," Frey posted. "Minneapolis will continue to cooperate with state and federal law enforcement on real criminal investigations — but we will not participate in unconstitutional arrests of our neighbors or enforce federal immigration law. Violent criminals should be held accountable based on the crimes they commit, not based on where they are from."

Frey said in the statement that he also plans to meet with Border Czar Tom Homan on Tuesday to further discuss next steps of Operation Metro Surge.

3:15 p.m. – Bovino, patrol agents to leave Minnesota ‘imminently’: Reports

Multiple sources are confirming that Border Patrol Commander Greg Bovino, along with an unspecified number of patrol agents, will be leaving Minnesota "immediately," though a timeline has not yet been confirmed,

FOX 9 is working to confirm more details.

1:40 p.m. – DOC claims DHS publishes ‘false arrest claims at scale’

In a press release Monday, the Minnesota Department of Corrections said it has released new evidence showing the U.S. Department of Homeland Security has repeatedly published false Immigration and Customs Enforcement arrest claims by mischaracterizing routine custody transfers from Minnesota state prisons.

"DOC quickly identified 68 cases in which individuals were lawfully transferred from Minnesota Department of Corrections custody directly to ICE, only for DHS officials to falsely claim these same individuals were "arrested" by waves of federal agents deployed into Minnesota communities.   

"DHS is justifying an unprecedented federal deployment into Minnesota communities based on the demonstrably false narrative that Minnesota refuses to honor ICE detainers. Minnesota DOC honors ICE detainers and coordinates custody transfers every day. Those transfers are documented, scheduled, and verifiable. What is troubling is DHS taking credit for ‘arrests’ which are, in reality, state-to-federal handoffs occurring at prison facilities after individuals complete their state terms of imprisonment, as has been the long-standing practice.    

"Again, DOC is compelled to release this information because DHS continues to rely on these misrepresentations to justify expanded federal operations in Minnesota.  

"This disclosure is based on newly reviewed records, cross-checked custody data, and video documentation. DOC has identified 68 false DHS claims to date, all of which are being released publicly with this statement. Additional cases continue to be identified," the press release reads. 

Noon – White House Press Briefing 

White House Press Secretary Karoline Leavitt on Monday held a press briefing largely in part on the deadly shooting of Alex Pretti. Leavitt said the incident remains under investigation by Homeland Security Investigations and the FBI, with Customs and Border Protection also conducting an interval interview. 

During the briefing, Leavitt blamed Minnesota Democratic leaders, saying, "Let's be clear about the circumstances which led to that moment on Saturday. This tragedy occurred as a result of a deliberate and hostile resistance by Democrat leaders in Minnesota." 

Leavitt claimed Gov. Tim Walz and Mayor Jacob Frey were "spreading lies about federal law enforcement officers" and blocked local and state police from cooperating with ICE. 

Leavitt said President Trump spoke directly with Gov. Walz and outlined what she described as a "clear and simple path" to restoring law and order in Minnesota. Leavitt said the president wants state and local leaders to turn over incarcerated "criminal illegal aliens," along with those who have active warrants or known criminal histories, to federal authorities for deportation. She also said the administration is calling on local law enforcement to turn over "all illegal aliens" arrested by local police and to assist federal officers in apprehending individuals wanted for crimes, particularly violent offenses.

"If Gov. Walz and Mayor Frey implement these commonsense cooperative measures, that I will add, have already been implemented in nearly every single other state across the country, Customs and Border Patrol will not be needed to support ICE on the ground in Minnesota," said Leavitt, later adding, "We hope Gov. Walz will do the right thing and continue to work with President Trump to keep the American people safe following their call this morning."

12:12 p.m. – U of M students walkout 

Students at the University of Minnesota's Twin Cities campus are walking out in protest against the ongoing ICE operations in Minnesota. Students were seen gathering at the Northrop Plaza at noon on Monday. 

"Organizers are demanding a sanctuary campus, real safety from the University, and no collaboration between the UMPD and U.S. Immigration and Customs Enforcement (ICE)," a press release read. 

11:43 .m. - More than 3,000 federal agents in MN

More than 3,000 federal immigration officers are part of the immigration enforcement surge in Minnesota, a Department of Justice attorney told a federal judge on Monday.

Brantley Mayers, counsel to the DOJ’s assistant attorney general, told U.S. District Judge Katherine Menendez that at least 2,000 Immigration and Customs Enforcement officers and at least 1,000 Customs and Border Patrol officers were part of the operation, and that he would provide her with an exact number later.

Read more here.

11:38 a.m. - Feds were wearing body cameras during Pretti shooting

According to FOX News reporter Bill Melugin, a DHS spokesperson confirmed to FOX News that several agents had their body cameras turned on during the incident, and footage from "multiple angles" is being reviewed. 

11:35 a.m. - Walz's statement on call with Trump

Gov. Tim Walz's office released the following statement on the governor's phone call with Trump on Monday morning, which Trump called a "very good" call and they are now on a "similar wavelength." 

"Gov.  Walz had a productive call with President Trump earlier today. The Governor made the case that we need impartial investigations of the Minneapolis shootings involving federal agents, and that we need to reduce the number of federal agents in Minnesota. The President agreed that he would talk to his Department of Homeland Security about ensuring the Minnesota Bureau of Criminal Apprehension is able to conduct an independent investigation, as would ordinarily be the case. The President also agreed to look into reducing the number of federal agents in Minnesota and working with the state in a more coordinated fashion on immigration enforcement regarding violent criminals.

"The Governor reminded President Trump that the Minnesota Department of Corrections already honors federal detainers by notifying Immigration and Customs Enforcement when a person committed to its custody isn’t a U.S. citizen. There is not a single documented case of the department’s releasing someone from state prison without offering to ensure a smooth transfer of custody."

11:25 a.m. - Minnesota asks for restraining order on ICE operations

Oral arguments began at 9 a.m. Monday. Attorneys for Minneapolis, St. Paul and the State of Minnesota urged the court to issue a temporary restraining order to end escalating immigration enforcement in the Twin Cities, citing in part the recent deadly shooting of Alex Pretti by Border Patrol over the weekend. 

Attorneys for the state say putting an end to Operation Metro Surge cannot wait another day. 

"If this is not stopped right here, right now, I don’t think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future," Minnesota Assistant Attorney General Brian Carter said during oral arguments Monday morning.

In laying out its case, the state says the federal occupation of more than 3,000 masked agents has led to racial profiling, illegal detentions and warrantless entries. They are calling the immigration surge a violation of the 10th Amendment, which grants the states equal sovereignty over local issues. They cited efforts by the White House to get state and city leaders to abandon their sanctuary policies or else fact what President Donald Trump has called a "day of reckoning and retribution."

The state also says U.S. Attorney General Pam Bondi sent a letter to Gov. Tim Walz over the weekend with three requests: she wants information on Medicaid and food programs; she wants the state's sanctuary policies to be repealed, and she wants the DOJ's civil rights division to be given access to the state's voter roles. Attorneys for the state called this a shakedown letter. 

Judge Menendez asked attorneys for the state and cities where she should draw the line between legitimate law enforcement response and one that violates the Constitution.

The federal government is expected to give its arguments next. It's unclear when the judge may make a decision. 

10:47 a.m. - Former VP Pence calls for ‘full and transparent’ investigation

President Donald Trump's former Vice President Mike Pence posted on social media on Monday in the wake of the fatal shooting of Alex Pretti, calling for a "full and transparent" investigation. 

Here is his full statement:

"In the wake of the tragic shooting that claimed the life of Alex Pretti this weekend, our prayers are with his family, the citizens of Minneapolis and local, state and federal law enforcement officers serving there. The images of this incident are deeply troubling and a full and transparent investigation of this officer involved shooting must take place immediately. 

"The focus now should be to bring together law enforcement at every level to address the concerns in the community even while ensuring that dangerous illegal aliens are apprehended and no longer a threat to families in Minneapolis. The American people deserve to have safe streets, our laws enforced and our constitutional rights of Freedom of Speech, peaceable assembly and the right to keep and bear Arms respected and preserved all at the same time. That’s how Law and Order and Freedom work together in America."

10:43 a.m. - Trump says he spoke to Walz Monday morning

President Trump posted on social media on Monday saying he spoke with Gov. Tim Walz. Here's what he said:

"Governor Tim Walz called me with the request to work together with respect to Minnesota. It was a very good call, and we, actually, seemed to be on a similar wavelength. I told Governor Walz that I would have Tom Homan call him, and that what we are looking for are any and all Criminals that they have in their possession. The Governor, very respectfully, understood that, and I will be speaking to him in the near future. He was happy that Tom Homan was going to Minnesota, and so am I! We have had such tremendous SUCCESS in Washington, D.C., Memphis, Tennessee, and New Orleans, Louisiana, and virtually every other place that we have "touched" and, even in Minnesota, Crime is way down, but both Governor Walz and I want to make it better! PRESIDENT DONALD J. TRUMP"

FOX 9 has reached out to Gov. Walz's office for comment on this phone call.

10:30 a.m. - Renee Good's family attorney statement on latest fatal shooting

Statement from Attorney Antonio Romanucci, Romanucci & Blandin, which is representing Renee Good's family following her death:

"The events of this weekend in Minneapolis are terrifying, deeply disturbing, and heartbreaking - with yet another U.S. citizen losing their life while taking part in the time-honored and Constitutionally protected activity of being present to observe and peacefully advocate for their beliefs.  We urge all Americans to trust their own eyes as they interpret the horrific video, and to call for an absolute end to ICE activity in Minneapolis. It has clearly gone too far and strayed far beyond its stated mission of removing criminal non-citizens from the country. It is time for a hard reset.  ICE agents can leave Minneapolis. The residents of Minnesota cannot. We call for a complete and immediate end to the ICE invasion of this beautiful American city."

9:40 a.m. - Hennepin County Association of Paramedics and EMTs on ICE

Statement regarding the shootings and ongoing ICE activity in the Twin Cities from the Hennepin County Association of Paramedics and EMTs (HCAPE):

"We are the labor union that represents 9-1-1 paramedics, BLS EMTs and Emergency Medical Dispatchers at Hennepin EMS. Our members serve Minneapolis and many of the surrounding suburbs in Hennepin County. We have a proud history of serving the needs of this community for decades. Through a massive bridge collapse, global pandemic, unprecedented civil unrest following the murder of George Floyd, Annunciation School shooting and dozens of other lesser known tragedies our members have honorably served.

"The last several weeks have been increasingly difficult. We have seen a large influx in the presence of federal agents all over Minnesota, but especially in communities of color, centered in Minneapolis. This federal presence has caused a steep increase in calls for service, brought many community members to the streets in protest and led to several residents being shot. The continued escalation is pushing our emergency medical system past the breaking point. Community members are afraid to seek medical attention while deteriorating at home, protesters are being subjected to pepper spray and tear gas, and our partners in local law enforcement are struggling to co-respond on potentially dangerous calls. Despite the stated aim of this federal operation, it is not making this part of America safer. People are dying and basic services are being significantly impacted on a daily basis.

"We are not some massive national union with thousands of members, lawyers and lobbyists. We are a local independent association with less than 200 members. Our board leadership are full time paramedics and emergency medical dispatchers, who live right here in this community. Our aim is to keep our members safe, provide a needed service to Hennepin County and continue providing world class medical care to our patients. The sad reality is, the expanded presence of ICE and other federal agents is making that increasingly difficult. Whether answering 9-1-1 calls or arriving on scene to provide medical care and transport, our members are here to help all members of the community."

9:30 a.m. - Minneapolis City Council making meeting changes amid ICE operations

The Minneapolis City Council is changing its meeting schedule due to "ongoing community needs" amid ICE operations in Minnesota. 

"Council Members are prioritizing their constituents and the community, and they recognize the demand this ongoing situation has placed on the City’s administration and staff," a news release says. 

The council's upcoming meeting schedule through Feb. 19 is changed to: 

• Committee of the Whole: Tuesday, Feb. 3, 9:30 a.m.
• Full council meeting: Thursday, Feb. 5, 9:30 a.m.
• COW Tuesday, Feb. 17, 9:30 a.m.
• Full council meeting: Thursday, Feb. 19, 9:30 a.m.

Items normally referred to standing committees will be referred to the Committee of the Whole (COW) on Tuesday, Feb. 3, starting at 9:30 a.m. 

9:10 a.m. – Hearing underway 

A federal judge is hearing oral arguments beginning at 9 a.m. Monday in a lawsuit filed by the State of Minnesota, Minneapolis and St. Paul, which seeks to stop the surge of ICE agents in the state. The lawsuit is calling the ICE operations in Minnesota illegal, while the DOJ has called the lawsuit frivolous. 

The plaintiffs are urging the courts to issue a temporary restraining order today, citing in part the recent deadly shooting over the weekend. The defendant doesn't dispute the impact of the operation but argues that any impact is the fault of policies. 

Attorneys argue that Operation Metro Surge has led to countless examples of racial profiling, illegal detentions, warrantless searches, abandoned vehicles, and the use of chemical irritants. Additionally, the operation is resulting in negative impacts on public safety, public health and education. 

7:45 a.m. – Pres. Trump sending border czar to Minnesota 

In a Truth Social post on Monday, President Donald Trump stated he is sending Tom Homan, the White House border czar, to Minnesota. 

"I am sending Tom Homan to Minnesota tonight. He has not been involved in that area, but knows and likes many of the people there. Tom is tough but fair, and will report directly to me," Trump wrote. 

Trump also said a "major investigation" is underway into welfare fraud in Minnesota, which he suggests is partially responsible for the ongoing protests. In the same statement, Trump said the DOJ and Congress are looking into Minnesota Congresswoman Ilhan Omar's finances, making unsubstantiated claims about her weather. 

7:35 a.m. – Minnesota CEO's joint statement 

On Sunday, over 60 CEOs of Minnesota-based companies issued a joint statement calling for an "immediate deescalation" and a unified response from federal, state and local leaders in wake of the "widespread disruption and tragic loss of life." 

The full letter reads:

The business community in Minnesota prides itself in providing leadership and solving problems to ensure a strong and vibrant state. The recent challenges facing our state have created widespread disruption and tragic loss of life. For the past several weeks, representatives of Minnesota’s business community have been working every day behind the scenes with federal, state and local officials to advance real solutions. These efforts have included close communication with the Governor, the White House, the Vice President and local mayors. There are ways for us to come together to foster progress.  

With yesterday’s tragic news, we are calling for an immediate deescalation of tensions and for state, local and federal officials to work together to find real solutions.  

We have been working for generations to build a strong and vibrant state here in Minnesota and will do so in the months and years ahead with equal and even greater commitment. In this difficult moment for our community, we call for peace and focused cooperation among local, state and federal leaders to achieve a swift and durable solution that enables families, businesses, our employees, and communities across Minnesota to resume our work to build a bright and prosperous future. 

7:30 a.m. – Protesters target hotels

For several weeks, protesters have been targeting hotels where federal agents are believed to be staying. State officials say demonstrators damaged a hotel in Dinkytown on Sunday night, leading to a large response from law enforcement with federal agents using tear gas to disperse the crowd. 

The Minnesota Department of Public Safety released a statement on the incident: 

"The Minnesota State Patrol and DNR were called to assist Minneapolis police with damage to hotel property at Home2 Suites Hotel on University Avenue. While they collaboratively worked to encircle the group for arrests because the demonstration was not peaceful, federal agents arrived without communication and deployed chemical irritants, clearing the group. The State Patrol and DNR are no longer on scene."

6:45 a.m. – Federal court hearings Monday

The legal fight over immigration enforcement in Minnesota returns to court Monday.

A federal judge is scheduled to hear oral arguments at 9 a.m. Monday in a lawsuit filed by the State of Minnesota, Minneapolis and St. Paul, which seeks to stop the surge of ICE agents in the state. The lawsuit is calling the ICE operations in Minnesota illegal, while the DOJ has called the lawsuit frivolous. 

In a separate case, there is a legal battle over evidence in the shooting death of Alex Pretti. A federal judge in Minnesota blocked the Trump administration from "destroying or altering" evidence. 

The Minnesota Bureau of Criminal Apprehension says federal officers initially blocked their investigators from the shooting scene. Attorney General Keith Ellison filed a motion Saturday night asking the court for a restraining order to preserve evidence collected by federal officers. 

The judge swiftly granted the motion and BCA agents were able to access the scene Sunday morning, roughly 24 hours after the shooting. 

A hearing in the case is scheduled for 2 p.m. on Monday. 

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