A man sprayed Minnesota Rep. Ilhan Omar with an unknown liquid at a town hall in Minneapolis on Tuesday, but she vowed not to be intimidated and declined to immediately leave the event to get checked out.
The man was immediately apprehended and was booked into Hennepin County Jail for third degree assault, the Minneapolis Police Department told CBS News. Police said Omar was not injured.
Omar, a Democrat, was calling for the abolishment of ICE and for Homeland Security Secretary Kristi Noem to resign when a man sitting in the front row rushed up to her and sprayed her with a substance while yelling at her. Local police said he used a syringe.
Security personnel grabbed the man, who was led out of the room in handcuffs, while other staff tried to get Omar to leave.
Omar refused, saying, “We will continue. These f***ing a**holes are not going to get away with it!”
“Here’s the reality that people like this ugly man don’t understand: We are Minnesota strong and we will stay resilient in the face of whatever they might throw at us,” Omar said, before continuing to speak and take questions for almost 30 minutes.
A man rushed at Rep. Ilhan Omar during a town hall and sprayed her with an unknown liquid before being tackled by security in Minneapolis on Jan. 27, 2026.
Reuters
Someone in attendance said that whatever was sprayed “smells so bad” and urged Omar to “go get checked.”
The U.S. Capitol Police said in a statement: “Tonight, a man is in custody after he decided to assault a Member of Congress – an unacceptable decision that will be met with swift justice.”
“We are now working with our federal partners to see this man faces the most serious charges possible to deter this kind of violence in our society,” the agency continued.
“I’m a survivor so this small agitator isn’t going to intimidate me from doing my work,” she wrote. “I don’t let bullies win.”
The incident at Omar’s event comes during a tense period in Minneapolis following the fatal shooting of 37-year-old Alex Pretti by two Customs and Border Protection agents on Saturday, which prompted days of protests.
Thousands of federal immigration agents have been deployed to the Twin Cities area since last month as part of a crackdown by the Trump administration that has drawn stiff criticism from Omar and other local politicians.
Omar is the second House Democrat to be physically confronted in recent days. In an unrelated incident, Rep. Maxwell Frost of Florida said Saturday he was assaulted during an event at the Sundance Film Festival. Local police in Park City, Utah, alleged that a man “unlawfully entered a private party” and assaulted the congressman and one other person. He was arrested on charges of simple assault and aggravated burglary, police said.
Members of Congress have faced a significant uptick in threats in recent years. The U.S. Capitol Police says it investigated 14,938 threats and concerning statements against lawmakers, their families and their staff last year, up from 9,474 in 2024 and 8,000 in 2023.
Two U.S. Customs and Border Protection agents fired their weapons during the fatal shooting of Minneapolis ICU nurse Alex Pretti over the weekend, according to a government report sent to Congress and obtained by CBS News that does not mention Pretti reaching for his firearm.
The report was shared with congressional officials Tuesday by CBP, which said it was based on a “preliminary review” by its Office of Professional Responsibility. It provides the most comprehensive official account yet of Pretti’s killing, which has triggered widespread outcry from members of both parties.
According to the report to Congress, CBP agents were conducting an operation in Minneapolis on Saturday morning when an officer was “confronted by two female civilians blowing whistles.” The officer ordered the women to “move out of the roadway,” the report said. That’s when CBP agents first encountered Pretti.
“The [CBP officer] pushed them both away and one of the females ran to a male, later identified as 37-year-old Alex Jeffrey Pretti, a US citizen,” the report said. “The [CBP officer] attempted to move the woman and Pretti out of the roadway. The woman and Pretti did not move. The [CBP officer] deployed his oleoresin capsicum (OC) spray towards both Pretti and the woman.”
CBP agents then “attempted to take Pretti into custody,” according to the report.
“Pretti resisted CBP personnel’s efforts and a struggle ensued. During the struggle, a BPA yelled, ‘He’s got a gun!’ multiple times,” the report said.
“Approximately five seconds later, a [Border Patrol agent] discharged his CBP-issued Glock 19 and a [CBP officer] also discharged his CBP-issued Glock 47 at Pretti. After the shooting, a BPA advised he had possession of Pretti’s firearm,” CBP added. “The BPA subsequently cleared and secured Pretti’s firearm in his vehicle.”
The new information provided by CBP differs from the initial accounts offered by the Department of Homeland Security, which said in a statement over the weekend that one Border Patrol agent had fired “defensive shots.”
In that statement, DHS also said Pretti “approached” the CBP agents with a 9mm semi-automatic firearm. But CBP’s report to Congress makes no claim that Pretti tried to reach for his firearm.
In the hours after the shooting, DHS Secretary Kristi Noem alleged that Pretti approached federal agents with a gun in what she described as an effort to kill officers, and Border Patrol commander Greg Bovino accused Pretti of trying to “massacre law enforcement” — allegations that did not appear in the Office of Professional Responsibility’s report.
The government’s response to Pretti’s death — the second fatal shooting by federal agents in Minneapolis this month — has drawn intense scrutiny in recent days, as videos of the incident appear to contradict officials’ claims that Pretti approached law enforcement with his gun.
Minneapolis Police Chief Brian O’Hara has said Pretti was a lawful gun owner with a permit to carry.
The report does not state that Pretti’s gun discharged accidentally, one theory that has circulated in the wake of the shooting. President Trump alleged in a Wall Street Journal article that Pretti was carrying a “dangerous and unpredictable gun” that “goes off when people don’t know it.”
It also revealed that U.S. Customs and Border Protection personnel removed and stored Pretti’s firearm in a government vehicle, a decision now raising broader concerns about the integrity of the investigation.
According to a CBP report sent to congressional officials, a Border Patrol agent reported taking possession of Pretti’s gun immediately after the shooting and later clearing and securing the firearm inside a vehicle. The report does not specify whether the weapon was photographed in place or logged with a documented chain of custody at the scene.
CBS News previously reported that federal investigators have no documented chain of custody for Pretti’s handgun, with officials saying the firearm was placed on the seat of a vehicle rather than sealed in a required plastic evidence bag and labeled with standard identifying details such as date, item description, and handler name.
The report to Congress confirmed ICE’s Homeland Security Investigations branch is investigating the shooting, a move current and former agency officials described as highly unusual for an office that has historically not investigated use-of-force incidents. The report said CBP’s Office of Professional Responsibility is also reviewing the incident internally, and that the DHS Inspector General has been notified.
CBP told CBS News in a statement: “These notifications reflect standard Customs and Border Protection protocol and are issued in accordance with existing procedures. They provide an initial outline of an event that took place and do not convey any definitive conclusion or investigative findings. They are factual reports – not analytical judgments – and are provided to inform Congress and to promote transparency.”
The full report is below:
The following statement pertains to an in-custody death that occurred on Saturday, January 24, 2026, in Minneapolis, MN. This information is based on a preliminary review by U.S. Customs and Border Protection (CBP) Office of Professional Responsibility (OPR) Investigative Operations Directorate (IOD) and may be updated and clarified as additional details become available. It is being provided to Committee staff concurrently with CBP senior leadership to ensure timely reporting.
CBP OPR IOD established the following information and timeline based on a preliminary review of body worn camera footage and CBP documentation.
On January 24, 2026, United States Border Patrol (USBP) Border Patrol Agents (BPAs) and Customs and Border Protection Officers (CBPOs) supporting Operation Metro Surge were conducting enforcement actions near the intersection of Nicollet Ave. and 26th St. in Minneapolis, MN. Several civilians were in the area yelling and blowing whistles. BPAs and CBPOs made several verbal requests for the civilians to stay on the sidewalks and out of the roadway.
At approximately 9:00 a.m., a CBPO was confronted by two female civilians blowing whistles. The CBPO ordered the female civilians to move out of the roadway, and the female civilians did not move. The CBPO pushed them both away and one of the females ran to a male, later identified as 37-year-old Alex Jeffrey Pretti, a US citizen. The CBPO attempted to move the woman and Pretti out of the roadway. The woman and Pretti did not move. The CBPO deployed his oleoresin capsicum (OC) spray towards both Pretti and the woman.
CBP personnel attempted to take Pretti into custody. Pretti resisted CBP personnel’s efforts and a struggle ensued. During the struggle, a BPA yelled, “He’s got a gun!” multiple times. Approximately five seconds later, a BPA discharged his CBP-issued Glock 19 and a CBPO also discharged his CBP-issued Glock 47 at Pretti. After the shooting, a BPA advised he had possession of Pretti’s firearm. The BPA subsequently cleared and secured Pretti’s firearm in his vehicle.
At approximately 9:02 a.m., CBP personnel cut Pretti’s clothing and provided medical aid to him by placing chest seals on his wounds. At approximately 9:05 a.m., Minneapolis Fire Department Emergency Medical Services (MFD EMS) emergency medical technicians (EMTs) arrived and assumed primary medical care for Pretti.
At approximately 9:14 a.m., MFD EMTs placed Pretti in an MFD EMS ambulance and he was subsequently transported to Hennepin County Medical Center (HCMC). At approximately 9:32 a.m., HCMC medical personnel pronounced Pretti deceased.
CBP OPR IOD was advised that an autopsy would be conducted by medical personnel from the Hennepin County Medical Examiner’s Office. CBP OPR IOD will request the official findings upon completion.
Homeland Security Investigations is investigating the incident and CBP OPR IOD is reviewing it. The Department of Homeland Security Office of Inspector General was notified.
WASHINGTON (AP) — Two federal officers fired shots during the encounter that killed ICU nurse Alex Pretti in Minneapolis, a Customs and Border Protection official told Congress in a notice sent Tuesday.
Officers tried to take Pretti into custody and he resisted, leading to a struggle, according to a notification to Congress obtained by The Associated Press. During the struggle, a Border Patrol agent yelled, “He’s got a gun!” multiple times, the official said.
A Border Patrol officer and a CBP officer each fired Glock pistols, the notice said.
Investigators from CBP’s Office of Professional Responsibility conducted the analysis based on a review of body-worn camera footage and agency documentation, the notice said. The law requires the agency to inform relevant congressional committees about deaths in CBP custody within 72 hours.
The notification came a day after President Donald Trump ordered border czar Tom Homan to take over his administration’s immigration crackdown in Minnesota following Pretti’s death, which was the second fatal shooting this month of a person at the hands of immigration law enforcement.
Ecuador’s minister of foreign affairs, meanwhile, filed a protest with the U.S. Embassy after Immigration and Customs Enforcement agents tried to enter the Ecuadorian consulate in Minneapolis without permission Tuesday.
A video of the attempt on social media shows a consulate staffer running to the door to turn the ICE agents away, telling them, “This is the Ecuadorian consulate. You’re not allowed to enter.” One ICE officer can be heard responding by threatening to “grab” the staffer if he touched the agent before agreeing to leave.
International law generally prohibits law enforcement authorities from entering foreign consulates or embassies without permission, though sometimes permission may be assumed granted for life-threatening emergencies, like fires.
“Consulate officials immediately prevented the ICE officer from entering the consular building, thus ensuring the protection of the Ecuadorians who were present at the time and activating the emergency protocols issued by the Ministry of Foreign Affairs and Human Mobility,” the ministry wrote on X.
A “note of protest” was filed with the U.S. Embassy in Ecuador so that similar attempts aren’t made at other consulates, the ministry said. The State Department, Homeland Security and Immigration and Customs Enforcement did not immediately respond to requests for comment.
Trump says a ‘big investigation’ is underway in Pretti’s killing By sending Homan to Minnesota, “we’re going to de-escalate a little bit,” Trump said during an interview on Fox News’ “Will Cain Show.” That’s significant since White House press secretary Karoline Leavitt, when questioned repeatedly Monday about Homan’s being dispatched to Minnesota, refused to say that doing so was an effort to calm the situation.
The president added of Homan, “Tom, as tough as he is, gets along” with governors and mayors, even in Democratic areas.
As he left the White House Tuesday, the president was asked whether Alex Pretti’s killing on Saturday was justified. He responded by saying that a “big investigation” was underway. In the hours after Pretti’s death, some administration officials sought to blame the shooting on the 37-year-old intensive care nurse.
Trump said in an interview broadcast Tuesday that he had “great calls” with Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey on Monday, mirroring comments he made immediately after the calls.
The seemingly softer tone emerged as immigration agents were still active across the Twin Cities region, and it was unclear if officials had changed tactics following the shift by the White House.
Walz’s office said Tuesday that the Democratic governor met with Homan and called for impartial investigations into the shootings involving federal officers. They agreed on the need to continue to talk, according to the governor.
Frey and Minneapolis Police Chief Brian O’Hara said they also met with Homan and had a “productive conversation.” The mayor added that city leaders would stay in discussion with the border czar.
Homan posted on social media that the discussions “were a productive starting point.” Homan said that Walz, Frey, top law enforcement officials and he all agree that “we need to support our law enforcement officers and get criminals off the streets.”
The White House had tried to blame Democratic leaders for the protests of immigration raids. But after Pretti’s killing and videos suggesting he was not an active threat, the administration tapped Homan to take charge of the Minnesota operation from Border Patrol commander Gregory Bovino.
Trump says of sending Bovino to Minneapolis: ‘maybe it wasn’t good here.’ Trump said Bovino, the go-to architect for the president’s large-scale city-by-city immigration crackdowns, was “very good” but added “he’s a pretty out-there kind of a guy” and “maybe it wasn’t good here.”
Immigration enforcement activity witnessed by journalists in Minneapolis and surrounding suburbs on Tuesday appeared comparable with recent weeks. As before, most didn’t result in major confrontations with agents. Activists say they continue to monitor enforcement operations through social media and chats on messaging apps.
In Texas, a federal judge issued a temporary order prohibiting the removal of a 5-year-old Ecuadorian boy and his father who were detained last week in Minnesota in an incident that further inflamed divisions on immigration under the Trump administration. U.S. Judge Fred Biery ruled Monday that any removal or transfer of 5-year-old Liam Conejo Ramos and his father, Adrian Alexander Conejo Arias, is on hold while a court case proceeds.
On Tuesday, federal immigration authorities released an Ecuadorian man whose detention led the chief federal judge in Minnesota to order the head of Immigration and Customs Enforcement to appear in his courtroom, the man’s attorney said.
Attorney Graham Ojala-Barbour said the man, who is identified in court documents as “Juan T.R.,” was released in Texas. The lawyer said in an email to The Associated Press that he was notified in an email from the U.S. attorneys office in Minneapolis that his client had been freed.
In an order dated Monday, Chief Judge Patrick J. Schiltz expressed frustration with the Trump administration’s handling of Juan’s and other immigration cases. He took the extraordinary step of ordering Todd Lyons, the acting director of ICE, to personally appear in his courtroom Friday.
Schiltz had said in his order that he would cancel Lyons’ appearance if the man was released from custody.
“This Court has been extremely patient with respondents, even though respondents decided to send thousands of agents to Minnesota to detain aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result,” he wrote.
Schiltz’s order followed a federal court hearing Monday on a request by the state and the mayors of Minneapolis and St. Paul for a judge to halt the immigration enforcement surge. The judge in that case said she would prioritize the ruling but did not give a timeline for a decision.
Schiltz wrote that he recognizes ordering the head of a federal agency to appear personally is extraordinary. “But the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” he said.
The Associated Press left messages Tuesday with ICE and a DHS spokesperson seeking a response.
A tattoo design inspired by Minnesota’s state bird and the Rebel Alliance symbol from “Star Wars” is appearing on arms and legs across the Twin Cities, as some residents turn to art to express solidarity and community during a tense moment.
The image, known as the rebel loon, blends the outline of a loon with the familiar rebellion emblem. Sean McArdle, of St. Paul, said he first saw the design posted in the Twin Cities Geeks online community and watched it “spread like wildfire.”
“I was having a very emotional day that day, and decided that I needed to do something to mark the moment,” McArdle said.
Tattoo artists say the design resonated quickly. Jessica Haug, owner of Gothic Night, said she first encountered the symbol on social media.
“Oh my God, like, this is iconic. This is so inspiring. It got chills the first time I saw it,” Haug said.
Haug said the loon carries particular meaning for Minnesotans.
“It is the loon, state bird of Minnesota. Loons are graceful, beautiful. They’re also powerful,” she said.
The creator of the design, who goes by the Reddit username “Feral_user,” said the idea came together on Martin Luther King Jr. Day after seeing conversations online and thinking about how people from different backgrounds were coming together.
The creator said the concept reminded them of the Rebel Alliance in “Star Wars” — a group made up of people from across the galaxy fighting a powerful empire. They said the rebellion logo resembled the wings of a bird, making Minnesota’s loon a natural fit.
After creating the design and refining it into a vector image, the creator posted it to Reddit, where it quickly gained traction. They said they released it under a Creative Commons, public-domain license to encourage others to use and adapt it freely.
“My hope for the logo was for people to be inspired by it and make it their own,” the creator wrote.
McArdle said he has since seen the idea expand beyond Minnesota, with people in other states adapting the symbol using their own state birds.
“Watching all of these other people in other states starting to repeat it with their own state birds,” McArdle said.
Over the weekend, Gothic Knight held a community fundraiser offering $50 tattoos, with all proceeds donated to Minnesota Immigrant Rights Action Committee (MIRAC). Tattoo artist Fia Lopez said the event was not limited to the rebel loon design and included several loon-themed tattoos, along with other small, predesigned pieces.
Haug said the goal was to raise money while allowing as many people as possible to participate.
“We were expecting maybe, like, 30 people show up, and we had a turnout of over 150,” Haug said.
Because of the turnout, the shop limited tattoos to small designs on arms and legs. Lopez said many people who were unable to get tattooed still donated and some clients gave more than the $50 cost.
By the end of the day, the fundraiser raised $6,268.
Lopez said the tattoos are not about following a trend.
“You don’t commit to putting something on your skin forever if it’s just to cosplay,” Lopez said.
For McArdle, the symbol ultimately represents connection during a difficult moment.
“We have friends everywhere. We are not alone,” he said.
Despite video evidence that Minneapolis nurse Alex Pretti was holding his phone before immigration officers shot and killed him, an image spreading on social media appears to show him wielding a handgun.
The Department of Homeland Security said Border Patrol officers shot the 37 year old in self-defense after Pretti approached them with “a 9 mm semi-automatic handgun.”
Retired U.S. Gen. Raymond A. “Tony” Thomas III, shared the purported image of Pretti holding a gun on X. The image shows Pretti holding something resembling a handgun in his right hand. The account shared the photo without a caption in response to Jan. 25 statementsabout the incident from Deputy White House Chief of Staff Stephen Miller and Attorney General Pam Bondi.
Video evidence of the shooting shows Pretti holding his phone, not his handgun, before agents tackled him and removed his weapon. Multiple videos show differentangles of the incident where Pretti is holding a phone.
The AI version is similar to footage showing Pretti held by agents; the manipulated version may have stemmed from a user asking an AI tool to “enhance” a screenshot of the footage. (Users also enhanced images after a federal immigration agent shot Renee Good. Users asked X’s artificial intelligence, Grok, to reveal the face of the agent, creating the image of a completely different person. ) AI often distorts images in response to user requests to enhance them.
PolitiFact uploaded the image to Gemini, Google’s AI tool. It found the image contains the SynthID watermark for images created or edited by the tool. It’s not visible looking at the image, but Google’s technology can detect it.
Oren Etzioni, founder of TrueMedia, an organization that focuses on detecting false or manipulated AI content, said the image has many signs of AI manipulation.
They include:
The kneeling officer is missing a head.
The hands and fingers of the people in the image are distorted and disproportionate.
Knees, arms and torsos appear dislocated.
The clothing textures and shadows don’t fully align with the lighting direction.
The rifle on the kneeling officer appears partially embedded into the ground.
The granular asphalt doesn’t match videos of the scene that show a paved road layered with dirt and snow.
The New York Timesandother news outlets reported that authenticated footage shows an agent removed Pretti’s gun from his belt holster. The Times also said witnesses corroborated the details in the videos.
We rate claims the image shared on X is a real photo of Pretti False.
Minneapolis mayor, police chief meet with border czar
Minneapolis Mayor Jacob Frey and Police Chief Brian O’Hara met Tuesday morning with Border Czar Tom Homan, according to the mayor’s office.
The meeting came just hours after Homan met with Gov. Tim Walz.
In a statement Tuesday afternoon, Frey said he “appreciated” the conversation, noting he pressed Homan on the urgent need to end Operation Metro Surge, and stressed the toll its taken on his city’s officers, residents and the entire Twin Cities community.
“I also made it clear that Minneapolis does not and will not enforce federal immigration laws, and that we will remain focused on keeping our neighbors and streets safe,” Frey said. “City leaders will continue to stay in conversation with Mr. Homan and his team.”
Sources tell WCCO that the meetings between Homan, Walz and Frey were purposefully low profile with no press or pictures as part of an overall effort by local officials and the Trump administration to bring down tensions.
Homan is known as an immigration and deportation hardliner but in an interview earlier this month with CBS News Anchor Tony Dokoupil, he took a more measured response to the Renee Good shooting, which had happened earlier that day.
“It would be unprofessional to comment on what I think happened in that situation. Let the investigation play out and hold people accountable based on the investigation,” he said on Jan. 7.
Judge blocks ICE from deporting or transferring 5-year-old boy and his father
A federal judge has blocked ICE from deporting 5-year-old Liam Conejo Ramos and his father or transferring them away from the Texas region where they’re currently held.
Liam and his father are currently detained at the Dilley ICE detention center for families with underage children.
We exclusively reported last week that the government could not legally deport the family for now, because they have pending immigration court cases.
The Columbia Heights Public School District says 5-year-old Liam Ramos was taken with his father while in their driveway after just arriving home from his preschool classroom. School officials claimed the child was used by agents to knock on the door and ask to be let in, letting officers see if anyone else was home.
As community outrage grew, Department of Homeland Security spokesperson Tricia McLaughlin claimed that “ICE did NOT target a child,” and said he was instead abandoned by his father. They say his father fled federal agents as they approached his vehicle, leaving the child.
DHS officials allege that the father, whom they described as an illegal immigrant from Ecuador, was taken into custody as other ICE officers stayed with the child.
Border Patrol involved in shooting in Arizona; person in critical condition
A person was in critical condition after a shooting involving the U.S. Border Patrol in Arizona on Tuesday, CBS affiliate KOLD-TV reported.
The Pima County Sheriff’s Department said on social media it was responding to the shooting in Arivaca, an unincorporated community about 60 miles south of Tucson, close to the U.S.-Mexico border.
Heads of ICE, CBP and USCIS set to testify at House hearing on Feb. 10
Leaders of three immigration enforcement agencies are set to testify before the House Homeland Security Committee next month following a pair of deadly shootings by federal agents in Minneapolis, the panel announced on Tuesday.
Chairman Andrew Garbarino, a New York Republican, said that Todd Lyons, the acting head of Immigration and Customs Enforcement, had agreed to testify, along with Customs and Border Protection Commissioner Rodney Scott and U.S. Citizenship and Immigration Services Director Joseph Edlow. The hearing is scheduled for Feb. 10.
Jeffries says House Democrats will move to impeach Noem if Trump doesn’t fire her
House Minority Leader Hakeem Jeffries said Tuesday that Democrats will move to impeach Homeland Security Secretary Kristi Noem if she is not fired, marking a shift in how party leadership is handling the effort to confront the Trump administration’s immigration crackdown.
“Kristi Noem should be fired immediately, or we will commence impeachment proceedings in the House of Representatives,” the New York Democrat said in a statement. “We can do this the easy way or the hard way.”
The statement was released with Democratic Whip Katherine Clark of Massachusetts and Democratic Caucus Chair Pete Aguilar of California.
Democratic Rep. Robin Kelly of Illinois introduced an impeachment resolution on Jan. 14, a week after Renee Good was shot and killed by an ICE officer in Minneapolis. The impeachment effort has picked up steam since Border Patrol agents fatally shot Alex Pretti in Minneapolis on Saturday.
ICE and CBP would keep operating during a shutdown, despite DHS funding fight
Senate Democrats are threatening to block a package to fund major parts of the government this week, including the Department of Homeland Security, following the deadly shooting of a man by federal agents in Minneapolis.
But a partial government shutdown would likely have little impact on the administration’s ongoing immigration enforcement operations, since the relevant DHS agencies received a massive funding infusion in President Trump’s One Big Beautiful Bill Act last year. The immigration enforcement agencies would have the funds to continue operating uninterrupted, even if other parts of the government shut down.
Gov. Tim Walz’s office confirmed late Tuesday morning that he has met with border czar Tom Homan.
President Trump on Monday announced that Homan will go to Minneapolis following the fatal shooting of ICU nurse Alex Pretti.
“He has not been involved in that area, but knows and likes many of the people there,” Mr. Trump said. “Tom is tough but fair, and will report directly to me.”
Walz’s office released the following statement on the visit with Homan:
“Governor Walz met with Tom Homan this morning and reiterated Minnesota’s priorities: impartial investigations into the Minneapolis shootings involving federal agents, a swift, significant reduction in the number of federal forces in Minnesota, and an end to the campaign of retribution against Minnesota.
“The Governor and Homan agreed on the need for an ongoing dialogue and will continue working toward those goals, which the President also agreed to yesterday. The Governor tasked the Minnesota Department of Public Safety as the primary liaison to Homan to ensure these goals are met.”
Minneapolis Mayor Jacob Frey also said he will be meeting with Homan to discuss next steps.
Alex Pretti’s sister releases statement: “When does this end?”
CBS News obtained the following statement from Alex Pretti’s sister, Micayla Pretti:
“Alex was kind, generous, and had a way of lighting up every room he walked into. He was incredibly intelligent and deeply passionate, and he made people feel safe. But most importantly, he was my brother. I had the privilege of being his little sister for 32 years. I will never be able to hug him, laugh with him, or cry to him again because of those thugs—and that is a pain no words can fully capture.
“Alex always wanted to make a difference in this world, and it’s devastating that he won’t be here to witness the impact he was making. Through his work at the VA caring for the sickest patients, and passion to advance cancer research, he touched more lives than he probably ever realized. All Alex ever wanted was to help someone—anyone. Even in his very last moments on this earth, he was simply trying to do just that.
“I want to thank everyone who has reached out to my family and me, whether you knew Alex personally or not. The messages, posts, and overwhelming positivity shared about him truly reflect his character, work ethic, and passions. My brother is, and always will be, my hero.
“When does this end? How many more innocent lives must be lost before we say enough? Hearing disgusting lies spread about my brother is absolutely gut-wrenching, and my family is deeply grateful so many people have stood up and helped tell his truth. He would be very proud.”
Milan mayor calls ICE “a militia that kills,” says agents not welcome as part of U.S. Olympic security
The mayor of Milan, Giuseppe Sala, spoke out Tuesday amid reports that U.S. Immigration and Customs Enforcement agents would have a security role during the upcoming Winter Olympic Games, which are set to begin in Milan on Feb. 6.
“This is a militia that kills,” Sala said in an interview with Italian media. “It’s a militia that enters people’s homes by signing permits for themselves. … It’s clear that they’re not welcome in Milan, there’s no doubt about that.”
Minnesota judge orders ICE chief to appear in court, warns of possible contempt proceedings
The chief judge of the U.S. District Court in Minnesota ordered the acting head of Immigration and Customs Enforcement to appear in his courtroom in-person on Friday and explain why he should not be held in contempt of court for violating an earlier order.
Judge Patrick Schiltz wrote in a brief three-page order that the Trump administration has failed to comply with “dozens” of court orders in recent weeks, which has resulted in “significant hardship” to immigrants who have been arrested and detained as part of Operation Metro Surge.
Georgia Sen. Warnock to visit Alex Pretti memorial, meet with faith leaders
Georgia Sen. Raphael Warnock plans to travel to Minneapolis Tuesday to visit a memorial for Alex Pretti and meet with faith leaders, CBS News has confirmed. The trip comes days after Pretti, a 37-year-old intensive care nurse at the Department of Veterans Affairs, was shot and killed Saturday in south Minneapolis by a U.S. Border Patrol agent.
Federal judge again declines to grant restraining order against DHS in Minnesota
A federal judge on Monday declined to issue a decision in Minnesota Attorney General Keith Ellison’s bid to end to Operation Metro Surge.
The state of Minnesota and the cities of Minneapolis and St. Paul are seeking a temporary restraining order in their lawsuit against Homeland Security Secretary Kristi Noem and other Trump administration officials, arguing the influx of thousands of immigration agents to the state has caused “tremendous damage.”
Tricia McLaughlin, U.S. Department of Homeland Security’s assistant secretary, previously called the suit “baseless.”
Judge Kate Menendez, an appointee of former President Joe Biden, said at the end of Monday’s hearing she is going to take the time “to do everything I can to get it right” on whatever final decision she makes.
Sales surge at Minneapolis bookstore after resonating photo of owner at protest
Greg Ketter has spent nearly five decades selling comic books and science fiction novels at DreamHaven Books and Comics in Minneapolis. This week, his phone hasn’t stopped ringing.
Ketter said his store has seen a surge of online orders and messages of support after a photo of him at a recent protest circulated widely on social media. The image appears to show Ketter moving through a cloud of tear gas during a demonstration following the killing of Alex Pretti, which happened just minutes away from his store.
Ketter said he went to the protest after learning about Pretti’s death.
Minnesota Gun Owners Caucus president analyzes fatal shooting of Alex Pretti
There are several angles of the deadly shooting of Alex Pretti online.
Pretti, a 37-year-old nurse who was killed in Minneapolis on Saturday, had a permit to carry. WCCO talked with Rob Doar, a firearms instructor and president of the Minnesota Gun Owners Caucus, about the incident.
After the fatal shooting of concealed carry permitholder Alex Pretti, debate over gun rights added a new layer to the federal government’s aggressive immigration enforcement activity in Minneapolis.
The day after Pretti was killed, FBI Director Kash Patel discussed the case on Fox News’ “Sunday Morning Futures.”
Patel said, “You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It’s that simple. You don’t have the right to break the law and incite violence.”
The administration shared an image of a gun and extra ammunition it said Border Patrol agents took from Pretti on Jan. 24 on Nicollet Avenue in south Minneapolis.
Video footage that surfaced in the first 48 hours after the shooting does not show Pretti holding the gun in his hands or pointing it at federal agents at any point. Some footage shows agents had disarmed Pretti shortly before he was shot.
The administration said the Department of Homeland Security would conduct an internal investigation, but its scope was reportedly limited.
The shooting of a protester who had a concealed carry permit prompted criticism by gun-rights advocates, who pointed to Second Amendment protections.
“Every peaceable Minnesotan has the right to keep and bear arms — including while attending protests, acting as observers, or exercising their First Amendment rights,” the Minnesota Gun Owners Caucus wrote. “These rights do not disappear when someone is lawfully armed, and they must be respected and protected at all times.”
The FBI declined to comment for this article. Patel sought to clarify his stance in a Jan. 26 interview with Fox News’ Sean Hannity, saying, “We are not going after people and infringing on their freedom of speech to peacefully protest. We are definitely not going after people in their Second Amendment rights to bear arms — only if you incite violence and or threaten to do harm to law enforcement officials and break the law in any other way.”
We asked 13 legal experts about Patel’s statement. They agreed that Patel was wrong about the Minnesota law, although they cautioned that some states do ban guns at protests.
In general, “There is no blanket prohibition or long-standing tradition against bringing otherwise lawfully owned and carried firearms to a protest, parade, demonstration, or other public event,” said Clark Neily, senior vice president for legal studies at the libertarian Cato Institute. “To the contrary, the default practice or tradition is that someone who is lawfully carrying a firearm may bring it to public gatherings, including protests and demonstrations.”
It hasn’t been unusual to see people carrying guns at protests in recent years, such as at a 2020 protest against Michigan’s pandemic laws at the state capitol in Lansing.
Was Pretti within his rights to carry a gun?
Experts widely agree that because the state legally permitted Pretti to carry a gun, he was within his rights in Minnesota to do so, including at a protest.
While some states’ laws restrict guns at protests, “Minnesota has no such law in place,” said Konstadinos Moros, director of legal research and education at the Second Amendment Foundation.
Eleven states and the District of Columbia ban concealed weapons at demonstrations and protests, and 11 states and the district ban open carry of weapons at demonstrations or protests, according to a tracker assembled by the anti gun-violence group Giffords. Of these, seven states and D.C. ban both.
Several gun law experts also told PolitiFact they are unaware of any states that explicitly ban something else Patel mentioned: extra magazines for ammunition.
Some social media commentators said Pretti broke the law by not physically carrying his permit or other identification. (Homeland Security Secretary Kristi Noem and former top Customs and Border Patrol official in Minneapolis Greg Bovino have alleged that Pretti carried no ID.) State law says not carrying a permit is a “petty misdemeanor” subject to a fine of up to $25. Such a violation “does not constitute a crime,” state law says.
Federal officials have said that Pretti went beyond observing and was interfering with a law enforcement activity. Experts agreed that Pretti would have been legally barred from threatening, interfering with or lying to officers. “As a general matter, peacefully observing a demonstration is different from criminally obstructing law enforcement,” said David B. Kopel, research director at the conservative Independence Institute.
Video footage that has surfaced so far does not show that Pretti criminally obstructed law enforcement, though uncertainties and gaps remain. Some footage begins as he helps a woman who had been pushed into the snow by a federal agent; he was holding a phone in his hand.
A majority of states have more expansive laws than Minnesota’s, allowing concealed carrying of guns without a permit. “In those states with broad public-carry rights, the mere fact that an individual is armed at a protest is not itself a crime,” said Darrell Miller, a University of Chicago law professor.
What have courts said about gun rights at protests?
Legal experts said the Supreme Court’s record bolsters a Second Amendment right to carry guns at protests, which are sometimes referred to in laws as “public gatherings” or “assemblies.”
The most recent notable Supreme Court decision is New York State Rifle & Pistol Association Inc. v. Bruen from 2022. The justices, in a 6-3 decision, found that the right to carry a firearm in public for self-defense has deep historical roots, and that a “special need” is not necessary to exercise it.
The decision allowed states to ban public carry in certain “sensitive places,” such as schools and government buildings, and some states have moved to restrict the carrying of firearms at some events, such as protests, said Timothy Zick, a William & Mary Law School professor. Whether those laws would pass muster at the Supreme Court depends on whether there were similar laws during the 18th and possibly the 19th century, Zick said.
A Supreme Court case currently under review, Wolford v. Lopez, will decide whether Hawaii can restrict people’s ability to bring guns onto private property that is open to the public. As part of the previous ruling, the Ninth Circuit Court of Appeals struck down California’s ban on carrying guns at public gatherings. Moros said that victory at an appeals court that’s “pretty hostile” to the Second Amendment is notable.
In another decision released Jan. 20, the Fourth Circuit Court of Appeals found that Maryland’s prohibition on carrying guns near public demonstrations is constitutional. This split between circuits could make the Supreme Court more likely to weigh in on a case that explicitly involves protests and gun rights, Moros said.
Neily agreed that based on the recent court record, it’s “quite likely that laws against carrying otherwise lawfully possessed firearms at protests and other public events would be struck down under the Second Amendment.”
Our ruling
Patel said, “You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It’s that simple.”
Some states have laws that ban guns at protests, but Minnesota’s concealed carry law does not include such a ban. Pretti had a concealed carry permit. Even if he did not have the permit or an ID on him at the time, Minnesota law considers that a minor infraction. Some states’ laws are more permissive than Minnesota, allowing people to bring guns to protests even if they don’t have a concealed carry permit, as Pretti did.
The statement contains an element of truth — the legality of bringing guns to protests depends on the state — but ignores that this incident happened in Minnesota, where the law allows guns at protests. We rate the statement Mostly False.
CLARIFICATION, Jan. 27, 2026: This version clarifies the description of the Ninth Circuit Court of Appeals decision on a California law.
There have been around 3,000 ICE and Customs and Border Protection agents operating in Minneapolis. The surge in federal agents began in early December when the city became the latest hotspot for the Trump administration’s immigration crackdown. Lilia Luciano looks at what led up to what’s unfolding now in Minnesota.
Georgia Sen. Raphael Warnock plans to travel to Minneapolis Tuesday to visit a memorial for Alex Pretti and meet with faith leaders, CBS News has confirmed. The trip comes days after Pretti, a 37-year-old intensive care nurse at the Department of Veterans Affairs, was shot and killed Saturday in south Minneapolis by a U.S. Border Patrol agent.
The Department of Homeland Security said the agent acted in self-defense while attempting to disarm Pretti. Local officials have disputed that account, pointing to bystander video that appears to show Pretti holding a cellphone, not a gun, in the moments before he was shot.
Pretti was a U.S. citizen born in Illinois. Court records show he had no criminal history, and his family said he had no prior encounters with law enforcement beyond minor traffic tickets.
The shooting occurred less than three weeks after another fatal incident in Minneapolis involving a federal immigration agent. Renee Good was killed earlier this month, raising concerns among city leaders about what they describe as an expanded federal immigration presence and the lack of transparency surrounding enforcement operations.
An image of Alex Pretti is seen at a makeshift memorial in the area where Alex Pretti was shot dead by federal immigration agents in Minneapolis, Minnesota, on January 26, 2026. On January 24, federal agents shot and killed Alex Pretti, a 37-year-old ICU nurse, while scuffling with him on an icy roadway in Minneapolis, less than three weeks after an immigration officer fired on Renee Good, also 37, killing her in her car. US President Donald Trump blamed their deaths on Democratic “chaos,” as his administration faced intensifying pressure over its mass immigration crackdown in Minneapolis.
ROBERTO SCHMIDT /AFP via Getty Images
Warnock has responded with sharp criticism of Immigration and Customs Enforcement in a series of posts on X, calling the agency a threat to American freedoms. He accused ICE of operating without sufficient oversight and violating constitutional rights.
“I can’t think of something more un-American than a federal law enforcement agency that can enter homes without a judicial warrant, patrol our streets in unmarked vehicles and demand papers at random,” Warnock wrote.
In additional posts, Warnock said he plans to vote against funding for ICE, accusing the agency of killing Americans, detaining children and tearing families apart.
“We are losing our humanity,” he wrote. “This is a defining moment for our nation. A moment for moral courage. We must stand together and say no … Trump has turned our streets into a war zone.”
Georgia Sen. Jon Ossoff also weighed in, issuing a statement condemning what he called civil liberties abuses by the Trump administration. Ossoff cited reports of masked federal agents detaining U.S. citizens, conducting warrantless raids and setting up identification checkpoints.
“Americans left, right and center are shocked by these abuses of civil liberties,” Ossoff said. “My opponents have a clear choice: stand with Trump or stand with Americans’ constitutional rights.”
California Congressman Ro Khanna also visited the city of Minneapolis on Monday, and stopped by the Pretti vigil. The shooting remains under investigation.
Here’s the latest data about permit-to-carry holders from the Minnesota Bureau of Criminal Apprehension.
As of Monday, there are 378,868 people with an active permit to carry in the state. In 2025, there were 73,846 permits issued. That’s an increase compared to recent years, but far from the back-to-back record-breaking years in 2020 and 2021.
Permits issued by year in Minnesota:
2025: 73,846
2024: 57,248
2023: 65,215
2022: 65,257
2021: 106,488
2020: 96,554
Many more people have firearms at home for hunting and protection in Minnesota, but that type of ownership doesn’t require a permit.
Anyone wanting a permit to carry must:
Be at least 18 years old.
Complete an application form.
Pass a federal and state background check.
Pass a permit-to-carry course, including a live shooting exercise.
Be a resident of the county from which you are requesting a permit if you reside in Minnesota. Nonresidents may apply to any Minnesota county sheriff’s office.
Pay up to a $100 fee.
In the permit-to-carry course, students learn where they can and can’t carry their firearm. Generally, public spaces and common areas of public buildings are allowed.
But there are exceptions. Rob Doar, senior vice president of the Minnesota Gun Owners Caucus, explains them.
“K through 12 schools and daycare centers, you need permission of the principal or the owner or daycare center in order to carry there. You can’t carry in jail facilities or state hospitals. And then you can’t carry in courthouse complexes unless you’ve notified the sheriff,” Doar said, adding most courtrooms and court facilities are covered by a court order banning firearms.
Federal agents on Saturday in Minneapolis fatally shot Alex Prett, who Minnesota officials say had a permit to carry. In reference to this incident, FBI Director Kash Patel claimed it is illegal to carry a gun at a protest.
“You cannot bring a firearm, loaded, with multiple magazines, to any sort of protest that you want. It’s that simple. You don’t have that right to break the law and incite violence,” Patel said in an appearance on Fox News the day after federal agents killed Pretti.
Doar disagrees, saying that permit-to-carry holders have every right to carry a firearm at a protest.
“There’s no prohibition in Minnesota statute that says you can’t carry a firearm at a protest,” he said.
WCCO has seen on many occasions permit-to-carry holders with long guns actively demonstrating for gun rights at the Minnesota State Capitol.
When a permit-to-carry holder interacts with law enforcement, they don’t have to declare that they’re carrying a gun unless law enforcement asks if they’re carrying, Doar said. If they’re asked, the holder must answer truthfully.
The answer is no, unless law enforcement asks if they’re carrying, then they must answer truthfully.
“But until they’re asked, you’re under no obligation to inform a peace officer. Interesting though is the statute uses the term ‘peace officer’, which, as defined in Minnesota statutes, doesn’t include federal agents,” said Doar.
Federal officials said that Pretti did not have any identification on him.
Permit-to-carry holders must have some form of ID when carrying their gun, along with their permit. If not, it’s a petty misdemeanor with a $25 fine.
To learn more about Minnesota’s permit-to-carry law, click here.
Greg Ketter has spent nearly five decades selling comic books and science fiction novels at DreamHaven Books and Comics in Minneapolis. This week, his phone hasn’t stopped ringing.
Ketter said his store has seen a surge of online orders and messages of support after a photo of him at a recent protest circulated widely on social media. The image appears to show Ketter moving through a cloud of tear gas during a demonstration following the killing of Alex Pretti, which happened just minutes away from his store.
Ketter said he went to the protest after learning about Pretti’s death.
“This is personal, being right here in Minneapolis,” Ketter said. “I mean, this is the U.S. government attacking its own people, and that’s what just got to me.”
Ketter, 69, said he did not intend to draw attention to himself and was surprised to learn he had been photographed.
“I wasn’t even running,” he said. “I just walked.”
In the days since, customers from across the country — and even internationally — have contacted the store to place orders or express support. Ketter said the volume of traffic temporarily overwhelmed DreamHaven’s website.
“It’s been insane,” he said. “I never pictured anything like this. It’s gone truly global.”
Among those who visited the store in person were Jeff and Rachel McMahon, who said they were moved by the image and wanted to support Ketter and his business.
“When I saw the photo of Greg and looked into who he was in the community, we felt like we had to come down and thank him,” Jeff McMahon said.
Rachel McMahon described Ketter as a hero, a label he rejects.
“I don’t know why I deserved all that,” Ketter said. “People have been amazingly kind.”
Ketter said any donations made through an old GoFundMe page connected to the store will be redirected to local food shelves. He said he hopes the attention leads to positive action within the community.
Despite the attention, Ketter said he plans to keep doing what he has always done — running his store and serving customers.
The fatal shooting of 37-year-old Alex Pretti by Border Patrol agents on Saturday has further escalated tensions in Minneapolis, a city now at the center of America’s heated battle over immigration enforcement.
Pretti’s killing occurred less than three weeks after Renee Good, another Minneapolis resident and U.S. citizen, was shot and killed by an Immigration and Customs Enforcement officer.
A total of 3,000 ICE and Customs and Border Protection agents are now operating in the city, a force that is roughly five times the size of the Minneapolis Police Department, which has about 600 officers. A top ICE official said Sunday that federal agents had carried out roughly 3,400 arrests in the area, though he did not say how many arrestees had criminal records.
Here’s a look at how the Trump administration’s crackdown in Minneapolis has unfolded, and the major events that have placed the Midwestern city in the national and global spotlight.
Dec. 1: ICE launches crackdown in Minneapolis area
ICE launched “Operation Metro Surge” in the Minneapolis area in the first week of December, the latest in a string of Trump administration immigration crackdowns targeting Democratic communities. CBS News reported at the time that ICE planned to target, in part, those with deportation orders, including Somali immigrants, a population President Trump has harshly criticized.
Minnesota had drawn nationwide attention due to a litany of fraud schemes that allegedly bilked billions of dollars from the state’s federally funded public assistance programs. Mr. Trump attacked state officials over the fraud scandals — and zeroed in on the fact that most of the dozens charged in the schemes were of Somali descent.
The state has the nation’s largest Somali American population, the vast majority of them U.S. citizens, either by birth or through naturalization, according to census data.
Dec. 26: Viral video alleges fraud in Minnesota day cares
In a now-viral YouTube video posted the day after Christmas, conservative influencer Nick Shirley visited nearly a dozen day care facilities in the Minneapolis area that he alleged were receiving taxpayer money but not providing any services. The video, which has racked up nearly 4 million views on YouTube, was amplified by Vice President JD Vance and Attorney General Pam Bondi.
State investigators later visited several of the day care centers highlighted in his video, and said nine of them were “operating as expected.” Eight of the facilities had children present during the inspection, and a ninth was not yet open for the day, the Minnesota Department of Children, Youth and Families said. One of the centers closed in early January.
Dec. 29: ICE dispatches agents to visit Minneapolis-area businesses
Days after the Shirley video was posted, agents from ICE’s Homeland Security Investigations branch were dispatched to conduct site visits to several dozen Minneapolis businesses. Homeland Security Secretary Kristi Noem said they were overseeing a “massive investigation on childcare and other rampant fraud.”
Jan. 5: Thousands of additional federal agents are deployed
Roughly a week after the Shirley video, CBS News first reported that the Trump administration would be deploying an additional 2,000 federal immigration agents to the Twin Cities. The Department of Homeland Security subsequently called the deployment the largest operation in its history.
Federal agents stand guard as protestors gather outside the Bishop Henry Whipple Federal Building in Saint Paul, Minnesota, on Jan. 8, 2026.
Octavio JONES /AFP via Getty Images
The reinforcements included Border Patrol agents, including commander Gregory Bovino, who had previously led sweeping and controversial immigration enforcement operations in Charlotte, Chicago and Los Angeles.
Videos of the incident appear to show Good’s car was approached by multiple ICE officers, one of whom stepped in front of her vehicle. Good backed up, turned her wheel and began to drive her car forward, and the officer in front of the SUV, identified as Jonathan Ross, fired multiple shots.
Renee Good is seen in an image from cellphone video recorded by an ICE officer shortly before the shooting that killed her on Jan. 7, 2026.
Mr. Trump and members of his administration accused Good of intentionally hitting and trying to run over the agent, in what Noem described as an “act of domestic terrorism” that left the officer injured. Lawyers representing Good’s family have said Good and her partner were observing ICE operations. Analysis of video from the scene suggested Good may have been trying to steer away from the officers, not towards them.
Hours later, Mayor Jacob Frey sharply criticized ICE, telling the agency: “Get the f*** out of Minneapolis.”
Jan. 13: Prosecutors resign as they face pressure over Renee Good investigation
At least six career prosecutors in the Minneapolis U.S. Attorney’s Office resigned, including Assistant U.S. Attorney Joe Thompson, as the office faced pressure to treat the investigation of Renee Good’s shooting as a case of assault on a federal officer as opposed to a civil rights case. At least six Justice Department prosecutors, most of them supervisors in the Civil Rights Division, said they were leaving the department soon after they learned there would not be a civil rights investigation into Good’s shooting.
An FBI supervisor in the Minneapolis field office’s public corruption squad later resigned, too, partly over pressure to “discontinue” the investigation of Good’s shooting, a source told CBS News.
Separately, the Minnesota Bureau of Criminal Apprehension withdrew from a probe into the shooting, saying the Justice Department had blocked state investigators from accessing evidence.
Jan. 15: ICE officer shoots man in leg during alleged shovel attack
Exactly a week after the killing of Good, DHS said another ICE officer shot a Venezuelan migrant he was trying to arrest in Minneapolis. The department said the migrant and two other Venezuelan men attacked the ICE officer with a snow shovel and broom handle. The officer, DHS said, shot the original target of the operation in the leg following a confrontation.
The Venezuelan man suffered non-life-threatening injuries and was later charged by the Justice Department and accused of assaulting the ICE officer, alongside another migrant involved in the altercation.
Jan. 15: Trump threatens to use Insurrection Act in Minneapolis
As protests over the immigration operations continued to flare, President Trump threatened to invoke the Insurrection Act if state officials didn’t “stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E.”
If the president decides to invoke the law, it could set the stage for the military to be deployed onto the streets of Minneapolis over the objections of state and local officials.
Later that week, some 1,500 active-duty soldiers in Alaska were placed on standby for a possible deployment to Minnesota, a defense official told CBS News.
Meanwhile, the Justice Department has weighed working with the Pentagon on a smaller scale in Minnesota, calling for military lawyers and forensic accountants to assist with fraud investigations in the state.
Jan. 16: Judge blocks agents from arresting or using pepper spray on peaceful protesters
A federal judge blocked DHS agents from arresting or using pepper spray and nonlethal munitions on peaceful protesters in Minnesota, after a lawsuit alleged federal agents “violently subdued” demonstrations against immigration enforcement.
Border Patrol agents deploy tear gas as they clash with people in a residential neighborhood on Jan. 12, 2026 in Minneapolis.
Scott Olson / Getty Images
The government has denied using excessively heavy-handed tactics, with Assistant Secretary of Homeland Security Tricia McLaughlin saying the agency “is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”
Jan. 16: Justice Department probes Frey, Walz and other Minnesota officials over alleged obstruction of immigration agents
On Jan. 16, CBS News disclosed a Justice Department investigation into allegations that Minnesota Gov. Tim Walz, Minneapolis Mayor Jacob Frey and other local officials had conspired to impede federal immigration agents.
Walz and Frey denounced the probe, calling it political intimidation.
A week later, the Justice Department subpoenaed the offices of Walz, Frey and other top state and local officials, including Minnesota Attorney General Keith Ellison.
Jan. 18: Anti-ICE protesters disrupt church service, triggering Justice Department crackdown
A group of protesters angry over ICE’s presence in Minnesota entered a church in St. Paul on Jan. 18, disrupting a Sunday service. The protesters said they focused on Cities Church because a man listed as pastor at the church also appeared to work for ICE.
The protest, which prompted families with children and other congregants to leave the church, was widely condemned by conservatives and the Trump administration, which quickly vowed to launch a criminal investigation. The Justice Department also said it would bring charges against former CNN anchor Don Lemon, who was present in the church at the time. Lemon said he was reporting on the protest.
Three people were arrested on federal charges several days after the protest, but a federal magistrate judge refused to sign arrest warrants for five other people, including Lemon, sources told CBS News. Federal prosecutors asked an appeals court to order the lower court to issue the remaining arrest warrants, but a panel of appellate judges declined that request.
Jan. 18: U.S. citizen detained by ICE at gunpoint
Immigration agents forced their way into a house in St. Paul, Minnesota, and detained ChongLy “Scott” Thao — a Hmong American and U.S. citizen — at gunpoint without a warrant, The Associated Press reported.
Images of 56-year-old Thao being led out of his home in handcuffs, wearing only underwear, Crocs and a blanket draped over his shoulders in the snow, provoked anger toward ICE and renewed questions about the agency’s tactics. Thao was later released.
Image taken from video obtained by Reuters shows ChongLy “Scott” Thao being led from his home in St. Paul, Minnesota, by immigration agents on Jan. 18, 2026.. Thao, a U.S. citizen, was later released.
Reuters
DHS described the incident at Thao’s home as a “targeted operation” seeking two convicted sex offenders who it said lived at the same address, and alleged Thao matched the description of the suspect. Thao’s family has strongly disputed the claim that the suspects lived there.
A day later, two whistleblowers revealed ICE had quietly issued a memo in May 2025 authorizing its officers to forcibly enter people’s homes, without a judicial warrant, during operations targeting those with deportation orders. The directive marked a seismic shift from longstanding rules meant to comply with the Fourth Amendment, which has long been interpreted to mean law enforcement can’t enter private property without a judge’s warrant.
Jan. 20: ICE takes 5-year-old boy into custody with his father
On Jan. 20, a team of ICE officers in Minneapolis took into custody a man from Ecuador and his 5-year-old son, Liam Conejo Ramos. Videos and photos of the incident — depicting Liam wearing a blue bunny hat and his school backpack — garnered national attention, triggering questions about who the Trump administration was targeting in its mass deportation effort.
Liam Conejo Ramos, 5, is detained by U.S. Immigration and Customs Enforcement officers after arriving home from preschool no Jan. 20, 2026, in a Minneapolis suburb.
Ali Daniels / AP
Dueling narratives of the incident quickly materialized. Federal officials said ICE targeted the man’s father — not Liam — and accused him of being in the U.S. illegally. According to their version of events, Liam’s father tried to flee ICE and abandoned Liam in a car in the process. After arresting the father, the agency said ICE officers attempted to get Liam’s mother to take him but she refused to do so.
People who have spoken to the mother said she was scared to open the door to ICE, fearing she too would get arrested. Advocates and school officials accused ICE of trying to use Liam as bait — a claim ICE has denied.
Liam and his father are currently being held at a family detention center overseen by ICE in Texas. CBS News reported they have pending immigration cases and can’t be legally deported for now.
Jan. 24: Alex Pretti fatally shot by Border Patrol agents
Just weeks after Renee Good’s shooting, a second person was shot and killed by immigration agents: Alex Pretti, a 37-year-old U.S. citizen who worked as an ICU nurse.
Videos of the incident show Pretti standing in the middle of a Minneapolis street holding up his phone toward immigration agents. After he and several others were pushed back, he was wrestled to the ground by a group of agents and appeared to struggle as they tried to bring his arms behind his back. He was then shot multiple times.
A screengrab from a video obtained by Reuters shows a federal officer pinning down a man, identified as Alex Pretti, before he was fatally shot in Minneapolis on Jan. 24, 2026.
VIDEO OBTAINED BY REUTERS
Noem alleged that Pretti “approached” officers with a handgun and “reacted violently” when officers tried to disarm him, forcing the agent to fire “defensive shots.” Videos reviewed by CBS News do not show Pretti with a gun in his hand before the shooting, and one video from immediately beforehand, when officers were struggling with Pretti, appears to show an agent reaching into the scrum empty-handed and emerging with a gun. Local police officials have said Pretti was a lawful gun owner with a permit to carry.
The Trump administration has defended the officer, with Bovino accusing Pretti, without citing evidence,of trying to “massacre law enforcement” during an operation to pursue a man who was in the country illegally and wanted for domestic assault. Local politicians have condemned the shooting, with Walz calling it “sickening.”
“These tactics are very obviously not safe, and it is generating a lot of outrage and fear in the community,” Minneapolis Police Chief Brian O’Hara told “Face the Nation with Margaret Brennan,” adding that even if an investigation ultimately finds the shooting was lawful, it may not matter “because there is so much outrage and concern around what is happening in the city.”
In sub-zero temperatures, marchers protest the federal surge in immigration enforcement operations in downtown Minneapolis on Jan. 23, 2026.
Alex Kormann/The Minnesota Star Tribune via Getty Images
Jan. 24: Bondi makes three demands to “bring back law and order”
In a three-page letter, Bondi pressed Walz to let the federal government review Minnesota’s voter rolls and welfare data, and to give ICE greater access to jails in the state.
“I am confident that these simple steps will help bring back law and order to Minnesota and improve the lives of Americans,” Bondi wrote in her letter to the governor Saturday, which accused state officials of “anti-law enforcement rhetoric” and “putting federal agents in danger.”
Minnesota Secretary of State Steve Simon rejected the request, calling it “an outrageous attempt to coerce Minnesota into giving the federal government private data on millions of U.S. Citizens in violation of state and federal law.”
The Trump administration has long pushed authorities in Minnesota to cooperate more extensively with ICE’s requests to detain people and to let federal agents go into detention facilities. State corrections officials say they already cooperate with ICE, but cooperation varies at the county level.
In a Truth Social post a day later, Mr. Trump also called on local law enforcement to assist ICE, urging Walz, Frey and Democratic officials nationwide to “formally cooperate with the Trump Administration to enforce our Nation’s Laws, rather than resist and stoke the flames of Division, Chaos, and Violence.”
Jan. 25: Minneapolis police chief says, “This is not sustainable”
Minneapolis Police Chief Brian O’Hara said “people have had enough” and urged leaders to “come together and figure this out.”
“This is the third shooting now in less than three weeks,” he said in an interview on “Face the Nation with Margaret Brennan.” “The Minneapolis Police Department went the entire year last year, recovering about 900 guns from the street, arresting hundreds and hundreds of violent offenders, and we didn’t shoot anyone. And now this is the second American citizen that’s been killed, it’s the third shooting within three weeks.”
“This is not sustainable” for the city’s 600 officers, O’Hara said. “This is taking an enormous toll trying to manage all of this chaos on top of having to be the police department for a major city. It’s too much.”
Jan. 26: Border Patrol commander Gregory Bovino, some agents to leave Minneapolis, sources say
Border Patrol commander Gregory Bovino and some of his green-uniformed agents are expected to soon leave the Minneapolis area, sources familiar with the move tell CBS News.
One of the sources said Bovino was relieved of his command in Minneapolis and is expected to return to California’s El Centro sector, where he served as the chief agent before the Trump administration deployed him to major American cities, including Los Angeles and Chicago.
The development follows intense backlash over how top federal officials, including Bovino, responded to the Pretti’s shooting. Bovino, citing no evidence, suggested over the weekend that Pretti intended to “massacre” federal agents. Some of the claims by Bovino and other officials were contradicted by witnesses and video from the scene.
News of Bovino’s impending departure came hours after President Trump said Tom Homan, the White House border czar, would be heading to Minnesota.
U.S. Border Patrol agents arrive at the Compare Foods on North Tryon Street in Charlotte on November 17, 2025.
JEFF SINER
jsiner@charlotteobserver.com
Western North Carolina’s top federal defender has decried “threats to the rule of law” following the fatal shooting of Alex Pretti by immigration officials in Minnesota.
“What we are witnessing on the streets of Minneapolis, and in other cities across the country, shocks the conscience,” John Baker, the federal public defender for the Western District of North Carolina, said in a Monday statement following Pretti’s death on Saturday in Minneapolis.
Before moving to Charlotte (where federal Border Patrol agents conducted operations in November), Baker worked as the chief defense counsel of the Marine Corps and represented Guantanamo Bay detainees — including those charged in the 9/11 attacks.
Resharing a statement released on behalf of all federal defenders across the country, Baker called for “all federal immigration officials to immediately de-escalate tensions, fully cooperate with independent and transparent investigations, and recommit to the rule of law.”
Pretti was the second citizen killed by federal agents who were carrying out the Trump administration’s immigration enforcement in Minnesota this month.
Renee Good, also 37, died earlier this month when an agent shot her as she drove an SUV away from officers asking her to get out of the car. The agent who shot her, Jonathan Ross, was in fear for his life, the Department of Homeland Security said.
The Trump administration has said it will not investigate Good’s death, and it has blocked any local investigations into Pretti’s killing. Their deaths were just two of the at least 12 times immigration agents have shot at people since September, NBC News reported.
Defense attorneys working in Baker’s office questioned officials’ testimony while representing citizens charged with assaulting officers in Charlotte’s federal court. In three cases, charges were dropped or reduced.
DHS also published inaccurate information about the people its agents were arresting in Charlotte, at one point falsely asserting that a Honduran man charged with murder was released.
In a statement, U.S. Attorney Russ Ferguson said Monday that while his office does not expect an incident like Pretti’s death to occur here, he takes “every incident involving use of force by law enforcement very seriously and will always conduct a full and fair investigation in such cases.”
“We have a good and long-standing relationship with CMPD,” his spokesperson said, “and do not expect that to change.”
The statement shared by Baker, who has led the federal public defenders’ office in North Carolina’s western district for more than three years, said: “We stand in solidarity with those who are lawfully asserting their Fourth Amendment constitutional rights to be free from unlawful seizures and racial profiling, and their First Amendment rights to free speech and peaceful assembly.”
This story was originally published January 26, 2026 at 7:37 PM.
Julia Coin covers courts, legal issues, police and public safety around Charlotte and is part of the Pulitzer-finalist team that covered Tropical Storm Helene in North Carolina. As the Observer’s breaking news reporter, she unveiled how fentanyl infiltrated local schools. Michigan-born and Florida-raised, she studied journalism at the University of Florida, where she covered statewide legislation, sexual assault on campus and Hurricane Ian in her hometown of Sanibel Island. Support my work with a digital subscription
With throngs of people in Minnesota protesting the Trump administration’s immigration enforcement surge, President Donald Trump and some of his allies repeatedly described the protesters as paid.
“The thugs that are protesting include many highly paid professional agitators and anarchists,” he said Jan. 18 on Truth Social.
“They’re paid agitators and insurrectionists,” Trump said at a Jan. 20 press conference.
The next day in Davos, Switzerland, Trump said the “fake” protests were “done by agitators and professional insurrectionists. … They’re professional troublemakers.”
He added, “We are looking very strong at the money, too, in Minnesota and other places.”
We asked the White House for Trump’s evidence about “paid” protesters and received no response. Although some people on social media have provided what they said is evidence of such activity, we found none of the claims held up to scrutiny.
Yet Trump’s claim has become a talking point among his leaders and supporters. Homeland Security Secretary Kristi Noem said on CBS “Face the Nation” that Minneapolis is distinct from other cities, where she said officials didn’t see “funded protesters.”
Vice President JD Vance at a Jan. 8 White House press briefing asked, “When somebody throws a brick at an ICE agent or somebody tries to run over an ICE agent, who paid for the brick?” (Bricks are commonly falsely described as evidence of organized, paid protests.)
Interviewed Jan. 13 on CNN’s “The Source” about Renee Good’s fatal shooting by an ICE officer, Sen. Markwayne Mullin, R-Okla., called for an investigation of “paid protesters, and who’s paying them to obstruct federal officers from doing their job.”
Minnesotans have responded to immigration agents’ presence in their communities for weeks. The protests have been widely covered and there’s no evidence any of it is staged. None of these politicians explained who they believed was underwriting the protests.
Experts told us that the majority of protesters are locals showing their dissent. We found a large volunteer protest movement in the Twin Cities.
Yohuru Williams, a historian and director of the Racial Justice Initiative at Minnesota’s University of St. Thomas, told PolitiFact in an email that “most protesters are residents of the state who are concerned not only about the presence of ICE in the state but also the President’s usurpation of power.”
People participate in a protest and noise demonstration calling for an end to federal immigration enforcement operations in the city, Jan. 9, 2026, in Minneapolis. (AP)
How Minnesotans are protesting immigration action
The Twin Cities have a long tradition of community organizing among civic groups and institutions. Labor unions, faith-based groups and immigrant organizations have played roles in resisting the federal immigration operation in Minnesota. Groups have staged high school walkouts, marches and sign-waving demonstrations.
The group Singing Resistance holds peaceful vigils with singing. Volunteers have donated to food drives and delivered groceries to families scared to leave their homes. The Smitten Kitten, a Minnesota shop that sells sex products, has collected food, diapers and other necessities for immigrants staying at home. St. Paul’s Mischief Toy Store distributed free whistles for people to alert others to ICE activity. Restaurants offered special menu items such as “f— ICE cold brew” to raise money for an immigrant rights group.
Jillian Hiscock, owner of the women’s sports-themed A Bar of Their Own, told PolitiFact the protesters are not paid.
“We’ve had folks from literally every walk of life stopping in to make posters and grab whistles — families with small children, bundled up seniors with walking canes that we helped create a necklace for their sign so they wouldn’t have to hold onto anything, and everything in between,” Hiscock said in an email.
Hiscock said she has heard many people who are protesting now say they never took action in the past, and the descriptions of “paid protesters” aim to undermine their voices.
“I truly think it’s a made-up sentiment to try to minimize the groundswell of the movement here on the ground,” Hiscock said.
Neighbors joined Signal chats to alert each other to immigration enforcement actions nearby and take action. The Monarca Movement has held “upstander” trainings to teach people how to record video of immigration agents or how to respond if agents leave behind a child or abandon a car during an arrest.
On Jan. 23, thousands of people marched in downtown Minneapolis in subzero temperatures before rallying at the Target Center. Earlier in the day, about 100 clergy members were arrested in an airport protest. Hundreds of businesses closed Jan. 23 for the “ICE Out of Minnesota Day of Truth and Freedom” event.
Describing the weather that day on air, Minnesota Vikings radio announcer Paul Allen joked about protesters getting “hazard pay.” Three days later, he apologized after backlash, calling it “a cheap one-liner” and “insensitive and poorly timed,” and said he would take a few days off.
Danielle K. Brown, a Michigan State University journalism professor who formerly worked at the University of Minnesota, told PolitiFact in an email, “There is no evidence of philanthropic efforts funding expansive civilian protest efforts.”
Professional community organizers have been involved in the protests, which is normal for all protests, Brown said. Groups with different ideologies routinely speak at such events.
However, “The majority of protesters are still locals who do not get paid to engage in protest and resistance work,” Brown said.
Timothy Zick, a First Amendment expert and William & Mary law professor, said residents of the community were protesting “what they view as lawless misconduct by ICE agents.” He said the Trump administration’s descriptions of paid protesters are “baseless” and aim to diminish and dismiss dissent.
Critics of 2024’s Israel-Gaza campus protests and 2025’s anti-Trump “Hands Off” protests in Washington, D.C., also used the term “outside agitators” or other terms, but our reporting found the claims lackedmerit. Zick previously told PolitiFact the description has been used throughout history to discredit large historical movements, regardless of how peaceful they were.
Attendees hold signs during a rally against federal immigration enforcement at Target Center on Jan. 23, 2026, in Minneapolis. (AP)
These videos aren’t evidence protesters are getting paid
Social media users amplified allegations that professional protesters or agitators are in Minnesota to make money. When we reviewed their posts’ evidence, we found they were generated with artificial intelligence or recycled content from years ago.
In one example, an artificial intelligence-generated video shared on TikTok claimed to show conservative influencer Nick Shirley interviewing a protester in Minneapolis, who says he’s jobless but is getting $20 an hour to protest. The video has a watermark for Sora, OpenAI’s video-generating platform. It came from an account which has shared many other AI-generatedvideos.
(Screenshot of TikTok post showing Sora watermark.)
In another example, an X post shared photos of documents it said were contract paperwork for paid protesters. “This is 100% proof that NONE of the Democrat protests are organic,” the Jan. 20 post said. “They can all be IGNORED because they are FAKE.”
The same images were shared in previous years, including in a 2018 blog post claiming to show proof that protesters were paid to plan the 2015 Baltimore riots; in 2020 to claim people protesting George Floyd’s murder were following a manual; and in 2024 by Shirley to falsely claim paid protesters were marching outside of the Democratic National Convention to demand a ceasefire in Gaza.
(Screenshot of page of a fake contract for paid protesters.)
One Fox News video was shared widely as if it showed one protester’s admission she had been paid. In it, Fox News host Laura Ingraham stood in the streets of Minneapolis questioning a protester who was shouting, “Shame! Shame! Shame!” in front of the camera. “Do you have a job?” Ingraham asked the woman, whose face was partially covered by a scarf. “I’m getting paid right now,” the protester answered. Ingraham flashed a thumbs up to the camera. PolitiFact couldn’t confirm the protester’s identity or motives and we found no further reporting on the incident.
Our ruling
Trump said protesters against the federal immigration crackdown in Minnesota are conducting “fake protests done by agitators and professional insurrectionists. …They’re professional troublemakers.”
Minnesotans have been protesting immigration agents in their communities for weeks. Some professional community organizers are involved in the protests but evidence shows a large volunteer protest movement in the Twin Cities.The accusation that protesters are “paid” is a frequent talking point to dismiss the legitimacy of grassroots activism and criticism of the government.
The social media posts we found that claimed to show evidence of paid protesters were either AI-generated, recycled conspiracy theories or unsubstantiated.
Naturally, Senator Lisa Murkowski, Representative Thomas Massie, and a handful of other congressional Republicans who regularly dare to defy Trump spoke out against the administration after Pretti was killed.
But now a growing number of Republicans are joining them in publicly pushing back against the tactics used by federal immigration agents, even if they still support the Trump administration’s broader mass-deportation goal.
On Sunday, Thom Tillis, North Carolina’s outgoing GOP senator, issued a statement calling for a “thorough and impartial investigation” of Pretti’s shooting.
“Any administration official who rushes to judgment and tries to shut down an investigation before it begins are doing an incredible disservice to the nation and to President Trump’s legacy,” he said.
His call for an investigation was echoed by Louisiana senator Bill Cassidy, who is facing a Trump-backed primary challenger:
As well as two very conservative members of the House GOP, Dusty Johnson of South Dakota and Michael McCaul of Texas, both of whom demanded a “thorough investigation.”
Representative Andrew Garbarino of New York, who chairs the House Committee on Homeland Security, asked the leaders of ICE, U.S. Customs and Borders Protection, and U.S. Citizenship and Immigration Services to testify before the committee. Though he did not explicitly criticize immigration agents or even mention Minneapolis, he noted in a statement that “Congress has an important responsibility to ensure the safety of law enforcement and the people they serve and protect.”
Other Republican elected officials are privately raising their concerns with the Trump administration, according to Politico’s Jonathan Martin, and an even larger number are hoping someone else will bring the immigration “vibe shift” to Trump’s attention so they won’t have to:
They plead with Trump and his advisers in private to calm tensions, as a handful did this weekend. However, most officials hope one of their colleagues can do that work so they don’t have to play the heavy. “You can talk to them” or “Can you talk to them?” are phrases I don’t need access to text chains to know are being relayed between top Republicans.
When lawmakers do reach Trump, the dialogue is similar to those private messages he posted last week from European leaders eager to get him off his Greenland fetish: Start with praise and flattery before moving to the heart of the matter.
And while hope may not be a strategy, as the saying goes, there’s a whole lot of hope among Republican officials — mostly that they don’t have to go public with their true feelings, because if they wait for a few days the president will consume so much media coverage he’ll recognize the depth of the crisis.
Outspoken Border Patrol commander Gregory Bovino and some of his green-uniformed agents are expected to soon leave the Minneapolis area, three sources familiar with the move tell CBS News.
One of the sources said Bovino was relieved of his command in Minneapolis and is expected to return to California’s El Centro sector, where he served as the chief agent before the Trump administration deployed him to major American cities, including Los Angeles and Chicago.
The development follows intense backlash over how top federal officials, including Bovino, responded to the fatal shooting of ICU nurse Alex Pretti. Bovino, citing no evidence, suggested over the weekend Pretti intended to “massacre” federal agents. Some of the claims by Bovino and other officials were contradicted by witnesses and video from the scene.
News of Bovino’s impending departure came hours after President Trump said Tom Homan, the White House border czar, would be heading to Minnesota.
This is a breaking news story and will be updated.
After federal agents fatally shot Alex Pretti on Jan. 24 in Minneapolis, social media users shared what they said was one agent’s name and photo.
An Instagram post with over 45,000 views included a photo, said it was Evan Kilgore and said he was the person who shot Pretti. “Here’s one of the many murderers out there right now. Justice is coming.”
The name and photo were also shared on Facebook and X, with claims that Kilgore shot Pretti.
(Screenshot from Instagram)
The images match the X profile photo of conservative commentator Evan Kilgore, whose X profile identifies him as an “American Nationalist” with more than 185,000 followers. But Kilgore was not involved in Pretti’s shooting.
The federal agents involved in the shooting have not been publicly identified.
Kilgore has addressed the claims, writing on X that he is “not the individual who shot Alex Pretti yesterday in Minneapolis.”
Kilgore told PolitiFact that he has never been an Immigration and Customs Enforcement or Border Patrol agent, nor has he ever worked with or for any law enforcement agency. He said he was at home in Ohio at the time of the shooting and shared timestamped video footage with PolitiFact as proof.
At 10:38 a.m. Eastern Time, which is 9:38 a.m. CT, Kilgore posted on X about the Ohio weather, sharing a snow forecast. Then, about 15 minutes later, Kilgore posted for the first time about Pretti’s shooting. “BREAKING: There has been another Border Patrol related shooting in Minneapolis near 26th Street & Nicollet Ave. The individual is down,” he wrote.
He posted videos of the shooting and commentary about it throughout the day.
The next day, Kilgore addressed the claims misidentifying him as the shooter, writing, “If you took a single moment to scroll through my public account on X, you would see I’m not even in the same state. You would even see I was making public commentary about the incident and about how much snow I will be getting in another state, yesterday.”
Kilgore said he is considering taking legal action against one person who misidentified him as the shooter. He said he has contacted local law enforcement.
We rate claims that Kilgore is one of the Border Patrol agents who shot Pretti Pants on Fire!
PolitiFact Researcher Caryn Baird and Staff Writer Maria Briceño contributed to this report.
A federal judge said there will be no decision on Monday in Minnesota Attorney General Keith Ellison’s bid to end to Operation Metro Surge.
The state of Minnesota and the cities of Minneapolis and St. Paul are seeking a temporary restraining order in their lawsuit against Homeland Security Secretary Kristi Noem and other Trump administration officials, arguing the influx of thousands of immigration agents to the state has caused “tremendous damage.”
Tricia McLaughlin, U.S. Department of Homeland Security’s assistant secretary, previously called the suit “baseless.”
Judge Kate Menendez, an appointee of former President Joe Biden, said at the end of Monday’s hearing she is going to take the time “to do everything I can to get it right” on whatever final decision she makes.
Menendez was just as skeptical of the rationale of the U.S. Department of Justice and Trump administration for the deployment and the number of federal officers deployed as she was the state’s arguments.
She started off by acknowledging the significance of Monday’s hearing and the weeks-long record of court filings in front of her, but said “most of the complexity … rests on the legal questions” of what Minnesota is asking for in the case and not on the actions of the Trump administration.
Judge Kate Menendez during the hearing in Minneapolis federal court on Jan. 26, 2026.
Cedric Hohnstadt
The plaintiffs’ arguments
Lindsey Middlecamp, an attorney with Ellison’s office, said Minnesota should not have to deal with this “unchecked invasion and occupation” another day, and asked Menendez to issue an immediate restraining order. Middlecamp argued that Operation Metro Surge, which she described as the largest federal deployment of law enforcement in U.S. history, has brought an “unprecedented force of masked agents” who are “racially profiling and inflicting violence” in their wake.
Ellison’s team also underlined the “pervasive and systematic retaliation against legal observers,” including the “indiscriminate use” of chemical irritants.
“They are finding any way they can to find and punish those who speak up against this misconduct,” Middlecamp said. “Harms are accruing every day.”
Menendez was skeptical of exactly what harms the state is alleging and under what past precedent case law can give her guidance to make a decision, and what exactly the solution is in this case.
Minnesota Assistant Attorney General Brian Carter then alleged that DHS “designed” plans to force Minnesota to expend its resources.
“The difficulty with the case law on this situation is that this situation is unprecedented in the 250-year history of this country,” Carter said. “We have never had a federal government amass an army of 3,000 to 4,000 masked federal agents and sent them into a state to essentially stir the pot with conduct that is pervasive and includes widespread and illegal violent conduct.”
Menendez replied that while Minnesotans are in “shockingly unusual times,” she’s unsure if she has the leverage to stop it as a whole. She added that the “defining principle” of the argument is something that she is “struggling with here,” adding that the federal government has tremendous power in immigration enforcement.
Carter said he has seen a “crystallization” of efforts, citing Bondi’s “shakedown” letter.
Minnesota Attorney General Keith Ellison and his legal team during the hearing in Minneapolis federal court on Jan. 26, 2026.
Cedric Hohnstadt
“‘You need to do these three things, and if you do it, we’ll get these officers off your streets,’” Carter said. “It’s a particularly damaging flavor of extortion.”
Carter cited the 10th Amendment in the Bill of Rights, which states the “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
“This administration is not content with the rule of law,” Carter said. “This administration is not content with the courts working this stuff out.”
Carter said instead, the administration is putting “violence on the streets” of Minnesota.
“That has to violate the 10th Amendment,” Carter said.
Menendez said she wants to know the parameters of the ruling if there is one, adding there is “no question” the federal government can enforce immigration laws, but she questioned how she is supposed to be able to delineate between legal response and illegal response by the government.
“I don’t know what the line is,” Menendez said. “Is it the motivation, is it the scope, is it the illegality?”
“That kind of coercion … when Congress legislating that states are required to run background checks, if those violate the 10th Amendment, this has to. It’s beyond debate,” Carter said. “This is so far beyond the pale of legality, this is such an affront on the sovereignty of the state.”
Carter also underlined the unprecedented nature of the Trump administration’s attack on states “based on personal animosity.”
“The president of the United States said, he said, ‘Minnesota, your day of retribution is here.’ That is crazy,” Carter said. “How can that not violate equal sovereignty … If this is the way things go, if this is not stopped, what is going to happen to the next administration?”
Menendez ultimately pushed back on the state’s requests for a temporary restraining order.
“You’re asking me for a TRO. What does it say? What exactly do I do?” Menendez said.
Carter argued that the easiest, most straightforward thing is to end Operation Metro Surge.
“The whole Operation Metro Surge is an illegal means to an illegal ends, so just end it,” Carter said. “End the whole thing, is the appropriate remedy here.”
Menendez replied with a question.
“I can do all that?” she said.
The defense’s arguments
After a brief recess, Menendez asked U.S. Department of Justice attorney Andrew Warden if the explicit goal of Operation Metro Surge was to get Minnesota to change the policies listed out in Bondi’s memo — the contents of which did not sit well with Menendez.
Warden replied that “the goal of the surge is to enforce federal law.” Menendez then pushed again, asking if Minneapolis changed its policies and the state did the same thing, would the surge end?
“I can’t commit to a specific numbers of officers leaving,” Warden said.
Menendez, pushing again, asked: “But it would change? Aside from the fact that policies have been in effect for years, if they changed policies tomorrow, you’d leave?”
“The goal of the surge is to enforce federal law,” Warden said.
Menendez then asked how Bondi’s letter and written statements to the court do not demonstrate that the purpose of the surge is to affect the three changes the U.S. attorney general listed. Warden deflected, adding there was a need for “compensation” to supplement the “vacuum” left by the state and local leaders on immigration enforcement.
“It’s not like you can fix it overnight, let’s say they fix it in a week. If it is true you’re there because those policies had consequences, do you think it’s true that the motivation matters?” Menendez said. “Let’s imagine Bondi said we are here till you change your policies? Does that not violate the anticommandeering principle?”
“If there is a less of a need for federal law enforcement, then our involvement will change,” Warden said, but added it’s “undisputed that federal law enforcement can be here enforcing federal immigration law.”
Menendez then pressed Warden on Mr. Trump’s comments on “retribution.”
“I have not exactly seen that Truth Social recently,” Warden said, referring to posts from the president’s social media platform.
Next, Menendez mentioned Chicago, which had a DHS surge last year, and cited the lower number of federal law enforcement officers who were deployed to a much larger city to deal with potentially a much larger problem. She said there are “vastly more” law enforcement in Minnesota “than was even thought to be necessary in Chicago.”
“Is there a point in which it can no longer be depicted as a rational law enforcement response?” Menendez said.
Warden responded by citing Trump’s Article II powers, and said it would be “difficult to craft a remedy in light of that,” adding that he doesn’t “see how a court can say this amount of officers is the right amount” if requested by DHS.
Menendez said Bondi’s letter “concerns” her in describing the DOJ’s goals, because all three points are already being litigated in federal court in the state.
Brantley Mayers, a U.S. Department of Justice attorney, addresses federal Judge Kate Menendez as Minnesota Attorney General Keith Ellison and his team looks on during the hearing on Jan. 26, 2025, in Minneapolis.
Cedric Hohnstadt
“Is the executive trying to achieve a goal through force that it cannot achieve through courts?” Menendez said.
“No, your honor,” Warden said, adding that “when there’s a vacuum in law enforcement” the federal government has gone in historically. Warden said he “doesn’t see how” operating on one front in Minnesota stops the law enforcement there from enforcing other laws.
Warden and his justice department team finished their arguments by telling Menendez they do not see the grounds for an injunction of any type and that there would be an “administrability problem” with pausing Operation Metro Surge in any respect, adding it would be “very difficult to implement.”
The plaintiffs got the final word before recess on Monday, with Minneapolis city attorney Sarah Lathrop saying relief is needed because it’s “clear that the intense situation on the ground” is not getting better.
“The court in its exercise can say ‘we’re stopping, we’re pausing,’” Lathrop said, adding there’s a chance of proceeding the case over the long term.
“You don’t have to draw the lines now,” Lathrop said.
The plaintiffs asked for Menendez’s order to return the federal law enforcement back to the status quo in the state to Nov. 30, the day before Operation Metro Surge began.
Lathrop said an order needs to come now to “take down the temperature.”
“Not all crises have a fix from a district court injunction,” Menendez said. “There are other things that are supposed to reign in this kind of conduct. It must be that work is being done elsewhere to bring an end to what is described here, not just counting on a single district court writing a single preliminary injunction.”
