Minneapolis – A sweeping investigation into the conduct of federal immigration agents during a series of raids across Minnesota is underway, potentially leading to criminal charges against those involved, including a high-ranking Border Patrol official. Hennepin County Attorney Mary Moriarty announced the probe Monday, citing concerns over potential misconduct during what she termed the “Operation Metro Surge” campaign.
The investigation, dubbed the “Project Transparency and Accountability,” will review at least 17 cases, focusing on allegations of excessive force and improper tactics employed by Immigration and Customs Enforcement (ICE) agents. Moriarty’s office has already established an online portal for the public to submit photos, videos, and eyewitness accounts related to the operation, signaling a commitment to a transparent and community-driven inquiry. The move comes amid growing criticism of federal immigration enforcement tactics and their impact on local communities.
Among the incidents under scrutiny is an event on January 21st where Border Patrol Commander Gregory Bovino allegedly discharged a canister of tear gas at protestors. Another case involves an arrest made on January 7th near a high school, where agents reportedly deployed chemical irritants while students and staff were present. These specific instances, highlighted by Moriarty, underscore the seriousness of the allegations and the potential for legal repercussions.
Federal Response and Legal Challenges
The Department of Homeland Security (DHS), which oversees immigration enforcement, swiftly responded to the announcement, asserting that such interventions fall under federal jurisdiction and that states lack the authority to prosecute federal agents. In a statement released Monday night, DHS argued that the actions taken by Minnesota officials are “illegal” and that federal agents are immune from state legal liability while performing their duties. The department further suggested that local officials should focus on whether their own actions may have endangered federal law enforcement personnel.
This stance sets the stage for a potential legal battle between the state of Minnesota and the federal government over the scope of authority in immigration enforcement. Moriarty, however, appears undeterred, stating, “We are committed to doing this correctly,” and emphasizing her office’s willingness to fight any legal challenges. She also indicated her office is prepared to subpoena the federal government for evidence related to the investigations if a response isn’t received by Tuesday.
Bovino’s History and Prior Scrutiny
Gregory Bovino, a key figure in the Trump administration’s immigration enforcement efforts, has a history of employing aggressive tactics during raids in several major cities, including Minneapolis-St. Paul, Chicago, and Los Angeles. According to the Associated Press, in Chicago, agents under Bovino’s command frequently used chemical irritants as crowd control measures in residential neighborhoods, leading a judge to order him to wear a body camera and appear daily in court to answer questions about the operation. That order was later rescinded.
Bovino’s leadership in Minnesota was curtailed after federal agents fatally shot Renee Good, 37, and Alex Pretti, 37, on separate days in January, sparking nationwide protests and criticism of DHS’s use-of-force policies. These shootings have become central to the broader scrutiny of the “Operation Metro Surge” campaign and the tactics employed by federal agents.
Scope of the Investigation and Public Involvement
While federal immigration enforcement actions took place throughout the Twin Cities metropolitan area, Moriarty’s investigation will initially focus on incidents occurring within Hennepin County, which encompasses Minneapolis and its surrounding suburbs. The county attorney’s office is also investigating the deaths of Good and Pretti, expressing confidence in their ability to file charges.
Rachel Moran, a professor of criminal law and police practice at the University of St. Thomas School of Law in Minneapolis, explained that prosecutors could be investigating offenses such as assault or property damage in cases where agents used chemical weapons without justification, physically assaulted individuals, or damaged vehicles. “These would be situations where the state has to determine: is there evidence that the agents acted illegally and outside the scope of their authorized functions?” Moran said. “I believe the agents did things illegally here. I saw it.”
The Department of Justice has opened a civil rights investigation into the death of Pretti, but has indicated it saw no reason to open a civil rights investigation into the death of Good. The FBI also blocked state investigators from accessing evidence in Good’s case.
Looking Ahead
Mark Osler, former director of the criminal division under Moriarty from 2023-2024 and now a law professor at the University of St. Thomas, believes the public can expect greater clarity regardless of whether charges are filed. “One of the most critical roles of the prosecutor’s office… is to tell the truth, to bring to light what really happened at a given moment,” Osler said. “By the time she’s finished, we will all know more than just what we saw in those initial videos. I’m confident of that.”
The investigation is ongoing, and the next step will likely involve the federal government’s response to Moriarty’s request for evidence. The outcome of this case could have significant implications for the balance of power between state and federal authorities in immigration enforcement and for the accountability of federal agents accused of misconduct.
This represents a developing story. Readers seeking support related to trauma or crisis can contact the Minnesota Crisis Connection at 988.
