A federal judge in Minnesota is temporarily barring federal immigration agents from retaliating against people engaging in lawful and peaceful protest as well as those observing their activities under Department of Homeland Security’s Operation Metro Surge.
In an order Friday, U.S. District Judge Katherine Menendez ruled that federal agents deployed to the state under the operation are prohibited from arresting or detaining peaceful protesters “in retaliation for their protected conduct and absent a showing of probable cause or reasonable suspicion that the person has committed a crime or is obstructing or interfering with the activities.”
The order also bars Immigration and Customs Enforcement and other federal agents from stopping drivers and passengers unless there’s reasonable suspicion that they’re obstructing federal enforcement activities.
“The act of safely following Covered Federal Agents at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop,” the judge wrote.
The ACLU filed the lawsuit in December on behalf of plaintiffs who alleged that they were arrested for lawfully protesting or documenting DHS activity.
Federal officials disputed much of the lawsuit’s claims. Immigration officials say crowds often became large, hostile and dangerous, with people throwing snowballs, ice, and other objects, blocking vehicles, and surrounding officers. They say pepper spray and other force was used only after repeated warnings and when agents could not move their vehicles safely.
Menendez’s ruling applies to “all persons who do or will in the future record, observe, and/or protest Operation Metro Surge and related operations.”
DHS is mandated to share the order with all agents in the area over the next 72 hours.
-ABC News’ Armando Garcia and Jason Volack
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