A Biden-appointed judge ruled Friday that immigration agents in Minneapolis may not arrest or deploy tear gas against so-called “peaceful protesters.”
The 80-page ruling by U.S. District Judge Katherine Menendez specifically targeted the U.S. Immigration and Customs Enforcement (ICE) officers who’ve been deployed to Minneapolis for “Operation Metro Surge.”
Said officers are barred from “using pepper-spray or similar nonlethal munitions and crowd dispersal tools against persons who are engaging in peaceful and unobstructive protest activity,” Menendez ruled.
Menendez, who was appointed by then-President Joe Biden in 2021, also decreed that said officers may not stop vehicles that are following them unless the vehicles fail to maintain a safe and “appropriate” distance.
“There may be ample suspicion to stop cars, and even arrest drivers engaged in dangerous conduct while following immigration enforcement officers, but that does not justify stops of cars not breaking the law,” she said.
BREAKING: Judge enters TRO blocking feds from interfering with or arresting peaceful protesters in Minnesota. Judge Kate Menendez, Biden appointee. Order: https://t.co/FAvCOWRGGU pic.twitter.com/xAicwkrQoX
— Josh Gerstein (@joshgerstein) January 17, 2026
The Trump administration responded to the ruling by reminding the judge and others that there’s a difference between genuinely peaceful protesters and violent, rioting insurrectionists.
“The First Amendment protects speech and peaceful assembly — not rioting,” Department of Homeland Security (DHS) spokesperson Tricia McLaughlin said in a statement to Politico.
“DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters. We remind the public that rioting is dangerous — obstructing law enforcement is a federal crime and assaulting law enforcement is a felony,” she added.
In a separate statement to Fox News, McLaughlin drew attention to some of the violent rioting that ICE officers operating in and around Minneapolis have had to deal with in recent days.
“Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property,” she said. “Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers.”
White House spokesperson Abigail Jackson, meanwhile, issued a statement slamming the judge for falling for the left’s phony narrative that the violent rioters in Minneapolis have been “peaceful protesters.”
“This absurd ruling embraces a dishonest, left-wing narrative. Here’s the truth: federal agents have acted lawfully to protect themselves and ensure the integrity of their operations when individuals attempt to intervene,” she said. “The Trump Administration will always enforce the law.”
Jackson later retweeted the following on X:
This isn’t a protest — it’s an operation. Anti-ICE activists in Minneapolis rapidly track, doxx, and harass anyone they believe is tied to ICE.
They take pics of you, your license plate, & upload to their “data base”.
Follow you, harass you, & try to stop active… pic.twitter.com/s9m54zSIrW
— Alexis McAdams (@AlexisMcAdamsTV) January 16, 2026
Menendez’s ruling was made in response to alleged “peaceful protesters” who sued in December, claiming that they were facing allegedly unconstitutional arrests and violence.
Last week, the so-called protesters penned a letter to the judge seeking emergency action in the case.
“Peaceful observers and protesters turned out again today, they will turn out again tomorrow, and they will continue turning out every day until Operation Metro Surge is over,” they wrote.
“These Minnesotans who are peacefully exercising their core constitutional rights to speak and gather continue to be met with unconstitutional and terrifying violence … And things appear to be getting worse, not better,” they added.
The letter was reportedly sent after the killing by ICE officers of leftist troublemaker and agitator Renee Good.
From all I`ve seen she was a radicalized, hard core, anti-ice activist. So much so she put her kids last.
‘Innocent mom’ was a trained anti-ICE ‘warrior’: report https://t.co/bbwrCnzKbW via @BIZPACReview
— Arthur Windsor (@capart1600) January 10, 2026
Menendez is also handling a similar case that was filed by the city.
“Menendez is … presiding over a lawsuit filed Monday by the state of Minnesota and the cities of Minneapolis and St. Paul seeking to suspend the enforcement crackdown,” the Associated Press reported.
The AP further noted that Menendez “declined at a hearing Wednesday to grant the state’s request for an immediate temporary restraining order in that case.”
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