DOJ appealing judge’s order limiting federal agents’ actions against protesters
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This story includes live updates from Jan. 19, 2026 about the surge of federal immigration enforcement in Minnesota. For the latest news on ICE in Minnesota, visit our collection of stories here.
2:45 p.m. | DOJ appealing judge’s order limiting federal agents’ actions against Minnesota protesters
The U.S. Department of Justice filed notice Monday that it’s appealing a judge’s order setting limits on federal agents’ actions against protesters in Minnesota.
U.S. District Judge Katherine Menendez in a ruling last Friday ordered federal agents involved in the immigration crackdown in Minnesota to not detain or arrest protesters or observers unless there’s reasonable suspicion or probable cause of a crime, or unless they obstruct the officers.
The temporary order also bars agents from using nonlethal munitions on peaceful protesters, and bars them from stopping or detaining drivers who follow ICE to monitor operations if they are not interfering with those agents.
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In Monday’s filing in response to Menendez’s ruling, the DOJ said it’s appealing the order to the U.S. Court of Appeals for the Eighth Circuit. It provided no other details. For now, the judge’s order remains in effect.
The filings are part of a lawsuit filed by six Minnesotans who sued the Department of Homeland Security after they were detained or arrested by U.S. Immigration and Customs Enforcement agents in Minnesota for protesting or observing. They claim ICE’s actions were retaliatory and affected their constitutional rights to free speech and assembly.
Attorneys representing the DOJ have argued that the action of following officers or observing law enforcement actions can be threatening in some instances and rise to the level of impeding agents’ work.
Menendez last week pushed back on the Department of Justice for providing little evidence to counter ample photo, video and individual testimony of observers, protesters and others at the ICE enforcement actions. And she said the evidence brought forward by the six Minnesotans who were detained by ICE officers showed “an ongoing, persistent pattern of Defendants’ chilling conduct.”
She said an intervention was necessary to prevent the violation of free speech rights of other protesters or observers amid the ongoing and enhanced enforcement operation.
The state of Minnesota has also sued DHS over its immigration crackdown, which it calls Operation Metro Surge, alleging unconstitutional profiling by ICE in its detentions and arrests in Minnesota and “widespread unlawful conduct.” Menendez declined to issue a temporary restraining order to the department in that case but has an expedited calendar to review the case.
The American Civil Liberties Union of Minnesota announced last Thursday it was filing an additional class action lawsuit against the Trump administration over its immigration enforcement actions.
— MPR News staff
12:30 p.m. | Man faces charges for allegedly stealing rifle from FBI vehicle during Minneapolis protest
A Minneapolis man faces federal charges for allegedly stealing a rifle from an FBI vehicle amid protests in the city last week.
Raul Gutierrez, 33, is charged with one count of theft of public property and one count of being a felon in possession of a firearm.
He’s accused of taking the gun during protests that followed the shooting of a man by a federal agent last Wednesday night in north Minneapolis. Videos from the scene showed some people vandalizing and taking items from government vehicles.
“There is a clear, bright line between peaceful protest and lawless destruction,” said Jarrad Smith, the acting special agent in charge of the FBI’s Minneapolis office. “Stealing, damaging and destroying federal property endangers the community and jeopardizes the safe and peaceful exercise of First Amendment rights.”
The complaint alleges that Gutierrez — who has a distinct facial tattoo — was seen on video taking a case containing the rifle, walking away and placing the case in the back seat of a black Ford sedan.
He was spotted by investigators the following morning in south Minneapolis, riding in a tow truck that was hauling a black Ford sedan. Authorities say Gutierrez attempted to flee a traffic stop on foot, and was apprehended after a brief pursuit.
The complaint alleges that Gutierrez confessed to taking the gun. He has previous felony convictions. He’s due back in court on Wednesday.
Court documents say at least one other gun, ammunition, a laptop and other government property were also taken from an FBI vehicle during last Wednesday’s protests.
The FBI last week announced a reward of up to $100,000 for more information on the vandalism and theft that leads to arrests, or the recovery of the stolen items.
— MPR News staff
