A federal judge in Minnesota temporarily bars federal immigration agents from retaliating against people participating in lawful, peaceful protests as well as those observing their activities as part of the Department of Homeland Security’s Operation Metro Surge.
In an order issued Friday, U.S. District Judge Katherine Menendez ruled that federal agents deployed to the state as part of the operation were prohibited from arresting or detaining peaceful protesters “in retaliation for their protected conduct and absent proof of probable cause or reasonable suspicion that the person has committed a crime or is obstructing or interfering with the activities.”
The order also prohibits Immigration and Customs Enforcement and other federal agents from arresting drivers and passengers unless there is reasonable cause to suspect that they are interfering with federal law enforcement activities.
“Safely following covered federal officers at an appropriate distance does not, in itself, create reasonable suspicion justifying stopping the vehicle,” the judge wrote.
The ACLU filed the lawsuit in December on behalf of plaintiffs who alleged they were arrested for lawfully protesting or documenting DHS activities.
Federal officials have disputed many of the allegations in the lawsuit. Immigration officials say crowds often became large, hostile and dangerous, with people throwing snowballs, ice and other objects, blocking vehicles and surrounding agents. They say pepper spray and other means of force were used only after repeated warnings and when officers could not move their vehicles safely.
Menendez’s decision applies to “all persons who record, observe, and/or protest Operation Metro Surge and related operations in the future.”
DHS is mandated to share the order with all agents in the area over the next 72 hours.
-ABC News’ Armando Garcia and Jason Volack
Source | domain abc7.com
