A federal appeals court has now lifted restrictions on U.S. Immigration and Customs Enforcement (ICE) in how they're meant to deal with local protesters in Minneapolis, Minnesota.
Politico legal correspondent Kyle Cheney reported Wednesday that the Eighth Circuit Court of Appeals — whose jurisdiction encompasses Minnesota along with six other states — has now granted a motion by the Department of Homeland Security (DHS) to impose a stay on a temporary restraining order (TRO) put in place by U.S. District Judge Kate Menendez (an appointee of former President Joe Biden). This means that the restrictions will no longer be in place while the DHS appeals them to the circuit court.
After Judge Menendez's TRO was stayed, this means that ICE agents will now once again be allowed to use less-than-lethal munitions on protesters, like flash-bang grenades and tear gas, and make arrests. Politico reported that the TRO was initially put in place following a lawsuit filed over DHS' heavy-handed response to protests that unfolded in the wake of the fatal shooting of U.S. citizen Renee Good.
DHS and ICE had previously been prohibited from "using pepper-spray or similar nonlethal munitions and crowd dispersal tools against persons who are engaging in peaceful and unobstructive protest activity." Judge Menendez's order also forbade federal agents from pulling over citizens for following them, as long as they were keeping an "appropriate" distance.
The overturning of Menendez's TRO comes on the heels of the Trump administration telling military personnel to prepare for a "possible mobilization to Minneapolis." The Department of Justice (DOJ) has also announced federal investigations into Minneapolis Mayor Jacob Frey and Minnesota Gov. Tim Walz – who have encouraged citizens to film and document ICE actions — for allegedly impeding law enforcement operations.
Former U.S. Attorney Joyce Vance recently compared the Trump administration's handling of Minneapolis protesters to former Birmingham, Alabama Sheriff Bull Connor's treatment of protesters during the Civil Rights Movement. She also condemned the DOJ for objecting to Judge Menendez's order, writing on her Substack: "DOJ has stopped being the independent gem in the crown of the American rule of law."
"Now, it’s just Trump’s law firm," she wrote. "He’s finally found his Roy Cohn, a number of them."
