A federal appeals court on Jan. 26 granted the Trump administration a full stay of a lower court ruling that prevented ICE agents from detaining protesters or using nonlethal munitions and crowd dispersal tools during protests in Minnesota without probable cause.
In its ruling, the 8th U.S. Circuit Court of Appeals panel said that U.S. District Judge Kate Menendez’s Jan. 16 injunction was “too vague” and that the Department of Homeland Security has made “a strong showing” that its challenge is likely to succeed on the merits.
The three-judge panel said they reviewed videos of the protests presented to the district court, which showed observers and protesters engaging in “a wide range of conduct” and federal agents’ handling of the situation.
“The videos underscore how difficult it would be for [federal agents] to decide who has crossed the line: they show a fast-changing mix of peaceful and obstructive conduct, with many protesters getting in officers’ faces and blocking their vehicles as they conduct their activities, only for some of them to then rejoin the crowd and intermix with others who were merely recording and observing the scene,” the panel said.
“A wrong call could end in contempt, yet there is little in the order that constrains the district court’s power to impose it.”
The case stemmed from a lawsuit brought by six protesters, represented by the American Civil Liberties Union (ACLU) of Minnesota, which alleged that ICE agents violated the First and Fourth Amendments.
Menendez, on Jan. 16, sided with the plaintiffs and barred federal agents from detaining or using nonlethal munitions or crowd dispersal tools against protesters unless they were obstructing authorities.
The appeals court paused the judge’s injunction on Jan. 21, prompting the plaintiffs to file an emergency motion on Jan. 24 to lift the stay, but the request was denied.
The latest appeals court ruling granted the government “a full stay” in the case, effectively blocking Menendez’s injunction, according to U.S. Attorney General Pam Bondi.
“Liberal judges tried to handcuff our federal law enforcement officers, restrict their actions, and put their safety at risk when responding to violent agitators,” Bondi said on X.
“The DOJ went to court. We got a temporary stay. NOW, the 8th Circuit has fully agreed that this reckless attempt to undermine law enforcement cannot stand.”
U.S. Circuit Judge Raymond Gruender dissented from the court’s decision in part, saying he would have reinstated the portion of the injunction that prohibits federal agents from using pepper spray or nonlethal munitions on protesters.
“That directive is not an improperly vague ‘obey the law’ injunction and should not be stayed pending appeal,” Gruender wrote in the Jan. 26 ruling.
Protesters and federal agents have clashed during enforcement operations in Minnesota in recent months, with demonstrations intensifying after a federal agent in Minneapolis fatally shot U.S. citizen Renee Good, who allegedly drove her SUV toward an officer during an ICE operation on Jan. 7, as well as another shooting that killed Alex Pretti by Customs and Border Protection officers on Jan. 24.
The Epoch Times reached out to ACLU for comment, but did not receive a response by publication time.
This article was originally published by The Epoch Times.
