FOLLOW US

  • facebook
  • twitter
Tue

March 3, 2026

America January 20, 2026

Minnesota Federal Judge Bars ICE From Retaliating Against Peaceful Protesters During Immigration Operation

America ı By Rochdi Rais

92 0 Comments

A federal judge in Minnesota on Friday night barred immigration agents from retaliating against or detaining, without probable cause, individuals engaged in peaceful and non-obstructive protests against the Trump administration’s immigration enforcement operation in the Twin Cities.

U.S. District Judge Kate M. Menendez granted a preliminary injunction sought by six Minnesota residents who allege they were harassed by U.S. Immigration and Customs Enforcement agents while protesting or observing Operation Metro Surge in Minneapolis and St. Paul.

The injunction applies both to the six named plaintiffs and to a broader class defined as all individuals who record, observe, or protest Operation Metro Surge or related enforcement actions conducted in the district since Dec. 4, 2025.

Under the order, federal agents are prohibited from retaliating against peaceful protesters, arresting or detaining individuals without probable cause, deploying chemical irritants against nonviolent demonstrators, or stopping and detaining vehicles absent reasonable, articulable suspicion that occupants are interfering with enforcement activities.

The injunction will remain in effect until Operation Metro Surge ends or circumstances change such that the relief is no longer necessary, the judge said.

In her ruling, Judge Menendez cited a “qualitative imbalance” in the evidentiary record, noting that plaintiffs submitted multiple sworn declarations detailing firsthand experiences, while the government relied largely on a single declaration from the acting ICE field office director in St. Paul, who was not directly involved in the alleged incidents.

Although the government submitted incident reports prepared by Department of Homeland Security personnel, the judge said those documents did not carry the same evidentiary weight as the plaintiffs’ sworn testimony. She emphasized that the court did not disregard the government’s evidence, but found that plaintiffs were only required at this stage to show a fair chance of success on the merits.

Judge Menendez concluded that two plaintiffs, including U.S. citizen Susan Tincher, are likely to succeed in showing they were arrested in retaliation for protected First Amendment activity. Tincher alleges ICE agents forced her to the ground and detained her for five hours after she asked officers to identify their agency.

Another plaintiff, Alan Crenshaw, is likely to succeed in showing that an ICE agent sprayed him with a chemical irritant in retaliation for observing agents detaining people outside a restaurant. The remaining plaintiffs are likely to succeed on claims that ICE agents violated their Fourth Amendment rights by stopping them without reasonable, articulable suspicion of criminal activity.

The judge rejected the government’s argument that the First Amendment does not protect the right to observe or record law enforcement, finding that peaceful observation of officers performing public duties is constitutionally protected. She noted that every federal appellate court to consider the issue has reached the same conclusion.

Menendez also found that the agents’ conduct — including pointing weapons, using pepper spray, and making actual or threatened arrests — would deter a person of ordinary firmness from continuing to engage in protected activity.

While stressing that her findings were preliminary, the judge determined that plaintiffs had shown a fair chance of proving their protected speech, protest, and observation motivated the adverse actions taken against them.

The court did not find a likelihood of success on the plaintiffs’ First Amendment content- or viewpoint-discrimination claims, concluding those allegations were not clearly pleaded as independent claims. However, the plaintiffs are likely to prevail on their Fourth Amendment claims, even in light of the government’s assertions that some individuals following ICE vehicles had driven erratically.

The judge said generalized concerns about dangerous conduct do not justify stopping vehicles that are not violating the law.

Menendez further concluded that plaintiffs face a credible risk of irreparable harm absent injunctive relief. She rejected the government’s characterization of the incidents as isolated, noting that Operation Metro Surge has expanded rapidly, with estimates placing roughly 3,000 immigration enforcement agents in Minnesota and indicating the operation is still escalating.

Unlike cases where defendants concede wrongdoing but argue it is unlikely to recur, Menendez said the government maintains its officers’ conduct is lawful, suggesting the challenged actions would continue without court intervention.

The ACLU of Minnesota welcomed the ruling, saying it hoped the order would prevent further First Amendment violations tied to Operation Metro Surge.

In response, Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin said the First Amendment protects peaceful speech and assembly, not rioting. She asserted that DHS has faced violent attacks, including fireworks, slashed tires, and vehicles used against officers, and said agents have used only the minimum force necessary to protect themselves, the public, and federal property.

The plaintiffs are represented by attorneys from the ACLU of Minnesota, Ciresi Conlin LLP, Forsgren Fisher McCalmont DeMarea Tysver LLP, and The Law Office of Kevin C. Riach. The federal government is represented by attorneys from the U.S. Department of Justice.

The case is Susan Tincher et al. v. Kristi Noem et al., No. 0:25-cv-04669, in the U.S. District Court for the District of Minnesota.

Previous Article

U.K. Rejects Trade War as U.S. Tariff Threat Over Greenland Tests NATO Unity

Read More
Rochdi Rais
2728 Posts

Rochdi Rais

Rochdi Rais is the chief content officer and financial and legal writer at USA Herald. He has been writing about finance, law, cryptocurrency and US politics for years with over +4000 articles published during his career.

Don’t Miss It
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney Aaron Kelly
By – Paul O'Neal
See More
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA Herald for Arizona Bar Investigation

In what appears as a desperate attempt to defend multiple allegations of fraud on the courts, the Kelly Warner Law…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To Attacking Former Client Again On KellyWarnerLaw.com – Pattern Recognized

Attorney Aaron Kelly and his law partner Daniel Warner are currently under investigation by the Arizona Bar for legal misconduct.…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney Aaron Kelly

USA Herald recently reported on a developing story involving Attorneys Daniel Warner and Aaron Kelly. Both Warner and Kelly have…

By – Paul O'Neal
Business March 2, 2026
Small Wine Importer Wins Supreme Court Fight Against Trump’s Tariffs — What This Means for Other Businesses

In early 2025, the Liberty Justice Center reached out to Victor Schwartz, a New York City wine importer, with an…

By – Rochdi Rais
America February 12, 2026
Gun Accessory Manufacturer to Pay $1.75 Million to Buffalo Shooting Victims

A gun accessory company has agreed to pay $1.75 million to survivors and families of victims of the 2022 Buffalo…

By – Tyler Brooks
America February 12, 2026
Bondi: Ghislaine Maxwell ‘Will Hopefully Die in Prison’ Following Controversial Prison Transfer

During a contentious congressional hearing, the U.S. Attorney General stated that Ghislaine Maxwell “should hopefully die in prison,” sparking renewed…

By – Tyler Brooks
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity for Tying Auto Carbon Filter Patents

The Federal Circuit on Wednesday upheld a Delaware jury’s $85 million antitrust verdict against Ingevity Corp., rejecting the company’s attempt…

By – Tyler Brooks
America February 12, 2026
Boeing Seeks to Block LOT’s Late $8.4M Damages Report Ahead of 737 Max Trial

Boeing is seeking to block LOT Polish Airlines from introducing an $8.4 million revised damages report, arguing that the airline…

By – Ahmed Boughalleb
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity in Patent Tying Dispute With BASF

The U.S. Court of Appeals for the Federal Circuit has affirmed an $85 million antitrust verdict against specialty chemicals company…

By – Tyler Brooks
America February 12, 2026
Gun Accessory Manufacturer to Pay $1.75 Million to Buffalo Shooting Victims

A gun accessory company has agreed to pay $1.75 million to survivors and families of victims of the 2022 Buffalo…

By – Tyler Brooks
America February 12, 2026
Bondi: Ghislaine Maxwell ‘Will Hopefully Die in Prison’ Following Controversial Prison Transfer

During a contentious congressional hearing, the U.S. Attorney General stated that Ghislaine Maxwell “should hopefully die in prison,” sparking renewed…

By – Tyler Brooks
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity for Tying Auto Carbon Filter Patents

The Federal Circuit on Wednesday upheld a Delaware jury’s $85 million antitrust verdict against Ingevity Corp., rejecting the company’s attempt…

By – Tyler Brooks
America February 12, 2026
Boeing Seeks to Block LOT’s Late $8.4M Damages Report Ahead of 737 Max Trial

Boeing is seeking to block LOT Polish Airlines from introducing an $8.4 million revised damages report, arguing that the airline…

By – Ahmed Boughalleb
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity in Patent Tying Dispute With BASF

The U.S. Court of Appeals for the Federal Circuit has affirmed an $85 million antitrust verdict against specialty chemicals company…

By – Tyler Brooks
America February 12, 2026
Ancora Urges Warner Bros. Discovery to Reject Netflix Deal, Backs Paramount’s $30-Per-Share Offer

Ancora Holdings Group has come out against Warner Bros. Discovery’s proposed merger with Netflix, arguing the transaction offers lower value…

By – Ahmed Boughalleb
America February 12, 2026
Gun Accessory Manufacturer to Pay $1.75 Million to Buffalo Shooting Victims

A gun accessory company has agreed to pay $1.75 million to survivors and families of victims of the 2022 Buffalo…

By – Tyler Brooks
America February 12, 2026
Bondi: Ghislaine Maxwell ‘Will Hopefully Die in Prison’ Following Controversial Prison Transfer

During a contentious congressional hearing, the U.S. Attorney General stated that Ghislaine Maxwell “should hopefully die in prison,” sparking renewed…

By – Tyler Brooks
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity for Tying Auto Carbon Filter Patents

The Federal Circuit on Wednesday upheld a Delaware jury’s $85 million antitrust verdict against Ingevity Corp., rejecting the company’s attempt…

By – Tyler Brooks
America February 12, 2026
Boeing Seeks to Block LOT’s Late $8.4M Damages Report Ahead of 737 Max Trial

Boeing is seeking to block LOT Polish Airlines from introducing an $8.4 million revised damages report, arguing that the airline…

By – Ahmed Boughalleb
America February 12, 2026
Federal Circuit Upholds $85M Antitrust Verdict Against Ingevity in Patent Tying Dispute With BASF

The U.S. Court of Appeals for the Federal Circuit has affirmed an $85 million antitrust verdict against specialty chemicals company…

By – Tyler Brooks
America February 12, 2026
Ancora Urges Warner Bros. Discovery to Reject Netflix Deal, Backs Paramount’s $30-Per-Share Offer

Ancora Holdings Group has come out against Warner Bros. Discovery’s proposed merger with Netflix, arguing the transaction offers lower value…

By – Ahmed Boughalleb
America February 11, 2026
Nancy Guthrie Investigation Continues as Person of Interest Released and Home Searched in Rio Rico

Authorities in Arizona are intensifying their search for Nancy Guthrie, 84, the mother of “Today” co-host Savannah Guthrie, who has…

By – Ahmed Boughalleb
America February 10, 2026
What is Aegosexuality?

As conversations around sexuality continue to expand, so does the language we use to describe it. Sexuality terms are gaining…

By – Jackie Allen
America February 8, 2026
Donald Trump Responds as Iranian Protesters Gain Ground in Unprecedented Nationwide Uprising

Iran’s Supreme Leader Ali Khamenei is openly blaming Donald Trump as nationwide protests continue to expand and intensify. And Donald…

By – Jackie Allen
America February 8, 2026
Savannah Guthrie’s Mom Missing in Arizona: Search Intensifies as FBI Joins Investigation

The desperate search for Savannah Guthrie’s mom continues in Arizona, with authorities entering the fourth day of a widening investigation…

By – Jackie Allen
America February 8, 2026
Flaming Star Nebula: A Runaway Star Sets the Cosmos Aglow

Astrophotographer Greg Meyer has unveiled a breathtaking portrait of the Flaming Star Nebula, where the brilliant blue star AE Aurigae…

By – Jackie Allen
America February 5, 2026
Linked to China: Google Engineer Linwei Ding Convicted in Landmark AI Espionage Case

A federal jury has convicted former Google software engineer Linwei Ding of stealing a trove of the company’s most sensitive…

By – Jackie Allen
Business March 2, 2026
Small Wine Importer Wins Supreme Court Fight Against Trump’s Tariffs — What This Means for Other Businesses

In early 2025, the Liberty Justice Center reached out to Victor Schwartz, a New York City wine importer, with an…

By – Rochdi Rais
America February 12, 2026
Amazon Seeks to Seal Opt-Out Terms in $309M Returns Refund Settlement

Amazon has asked a Seattle federal judge to keep parts of its $309 million settlement over customer return refunds confidential,…

By – Tyler Brooks
America February 12, 2026
Paul Weiss, Dechert Lead QXO’s $2.25B Acquisition of Kodiak Building Partners

Building products distributor QXO Inc. has agreed to acquire Kodiak Building Partners from private equity owner Court Square Capital Partners…

By – Tyler Brooks
America February 11, 2026
Solv Energy $513M IPO Powers Onto Nasdaq

Power infrastructure heavyweight Solv Energy Inc. surged into public markets Wednesday, completing a Solv Energy $513M IPO that underscores Wall…

By – Rihem Akkouche
America February 11, 2026
Ziff Davis Sues Google Over Alleged Ad-Tech Monopoly

Digital publishing heavyweight Ziff Davis Inc. has launched a sweeping antitrust battle against Google, accusing the tech titan of manipulating…

By – Rihem Akkouche
America February 11, 2026
Home Depot Exec 3 Years Suit Ends in Federal Prison Sentence

A former senior manager who once oversaw real estate tax matters for Home Depot will spend more than three years…

By – Rihem Akkouche
America February 8, 2026
Mike Tyson Urges Americans to ‘Eat Real Food’ in Emotional Super Bowl Ad Highlighting Health Risks

Boxing legend Mike Tyson is using his platform ahead of Super Bowl 60 to address a personal and national health…

By – Tyler Brooks
America February 7, 2026
Deadly “Death Cap” Mushrooms in California Cause Multiple Deaths and Liver Transplants Amid Rare Super Bloom

California health officials are warning the public after four deaths and three liver transplants linked to the highly toxic death…

By – Ahmed Boughalleb
America February 7, 2026
From Migraines to Miracles: How Becca Valle Survived a Glioblastoma Diagnosis Against the Odds

Becca Valle, 41, thought her headaches were just migraines—until a sudden, unbearable pain revealed something far more serious. In September…

By – Tyler Brooks
America February 7, 2026
New York Approves Medical Aid in Dying for Terminally Ill Patients

New York Governor Kathy Hochul on Friday signed a law allowing terminally ill residents with less than six months to…

By – Tyler Brooks
America February 6, 2026
California Jury Awards $25 Million to Man Who Developed Lung Disease Linked to PAM Butter-Flavored Cooking Spray

A California civil jury has awarded $25 million to Ronald Esparza after finding Conagra Brands liable for causing his debilitating…

By – Tyler Brooks
America February 6, 2026
Medtronic Antitrust Lawsuit Update: Jury Weighs $381M Claim in Applied Medical Device Dispute

The legal fight between Medtronic and Applied Medical has entered a critical phase, with jurors now weighing whether the medical…

By – Ahmed Boughalleb
America February 10, 2026
What is Aegosexuality?

As conversations around sexuality continue to expand, so does the language we use to describe it. Sexuality terms are gaining…

By – Jackie Allen
America February 9, 2026
Bad Bunny’s Super Bowl Halftime Show Breaks Language Barriers and Ignites Cultural, Political Debate

Bad Bunny’s headlining performance at the Super Bowl 60 halftime show is drawing national attention, with fans and critics debating…

By – Tyler Brooks
America February 8, 2026
Donald Trump Responds as Iranian Protesters Gain Ground in Unprecedented Nationwide Uprising

Iran’s Supreme Leader Ali Khamenei is openly blaming Donald Trump as nationwide protests continue to expand and intensify. And Donald…

By – Jackie Allen
America February 8, 2026
Savannah Guthrie’s Mom Missing in Arizona: Search Intensifies as FBI Joins Investigation

The desperate search for Savannah Guthrie’s mom continues in Arizona, with authorities entering the fourth day of a widening investigation…

By – Jackie Allen
America February 8, 2026
Flaming Star Nebula: A Runaway Star Sets the Cosmos Aglow

Astrophotographer Greg Meyer has unveiled a breathtaking portrait of the Flaming Star Nebula, where the brilliant blue star AE Aurigae…

By – Jackie Allen
America February 8, 2026
Terrance Gore, Former MLB Star and Three-Time World Series Champion, Passes Away at 34

Terrance Gore, a former Major League Baseball outfielder celebrated for his blazing speed and clutch base running, has died at…

By – Tyler Brooks

No posts found.

No posts found.

No comments No comments yet. Be the first to comment!

Signup for the USA Herald
exclusive Newsletter