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Appeals Court Pauses Restrictions on Controversial ICE Tactics in Minnesota

The decision temporarily allows federal immigration agents to use chemical irritants against peaceful protesters.

An Immigration and Customs Enforcement agent shoots pepper spray at a protester in Minneapolis

An Immigration and Customs Enforcement agent shoots pepper spray at a protester outside of the Bishop Whipple Federal Building in Minneapolis. (AP Photo/Jen Golbeck)

By Jackie Llanos

January 21, 2026 06:27 PM

The United States Court of Appeals for the Eighth Circuit has temporarily paused a lower court’s ruling that blocked federal immigration agents from retaliating against protesters in Minnesota, a victory for the Trump administration’s surge in deportation efforts in the state.

The appellate court’s Thursday decision comes nearly a week after a federal judge issued an order to rein in federal immigration agents’ tactics against protesters in Minneapolis. Those demonstrations intensified after the fatal shooting of Renee Nicole Good on Jan. 7. In response, the administration has sent hundreds more federal officers to the area, and President Donald Trump has threatened to invoke the Insurrection Act.

Prior to the pause, U.S. District Judge Katherine Menendez had temporarily barred immigration agents carrying out “Operation Metro Surge” from arresting, using chemical irritants on or otherwise retaliating against peaceful protesters. Menendez, appointed by former President Joe Biden, also stated that federal officials could not stop or detain drivers safely following them.

The six plaintiffs from Minneapolis urged Menendez to issue a broad ruling to stop federal officers’ use of excessive force against protesters, according to the lawsuit filed on their behalf by the ACLU of Minnesota, Ciresi Conlin, Forsgren Fisher and the law office of Kevin C. Riach.

A showdown between Trump and Minnesota’s Democratic leaders has escalated, as local officials continue to demand that immigration agents leave the state. The Department of Justice issued federal subpoenas earlier this week to Gov. Tim Walz and at least four Democratic officials in the state as part of an investigation into whether they conspired to impede federal immigration enforcement.