Minnesota launches investigation that could bring charges against US immigration officers | Minnesota
A Minnesota state prosecutor announced Monday an investigation that could lead to criminal charges against federal officers, including Greg Bovino, for misconduct during a crackdown on immigration enforcement.
Hennepin County District Attorney Mary Moriarty said at a news conference that her office has already investigated 17 cases; one of which was when border patrol officer Bovino threw a smoke canister at protesters on January 21.
His office is also investigating the shooting deaths of federal agents on Jan. 7 and Jan. 24 of 37-year-old U.S. citizens Renee Good and Alex Pretti. And he’s “confident” they can pursue charges in cases that have sparked nationwide demonstrations and criticism of federal immigration enforcement’s use-of-force policies.
Another case on Jan. 7 involved federal officers making an arrest outside a high school and using chemical irritants while students and staff were in the area.
“Make no mistake; we are not afraid of legal battle and we are determined to do this right,” Moriarty said. The immigration enforcement operation known as the “Metro Surge” caused immeasurable damage to our society.
DHS, which oversees immigration enforcement, said in a statement Monday night that such enforcement is a federal responsibility and states cannot prosecute federal officers.
“What these states are trying to do is against the law and they know it,” the statement said. “Federal officials acting in the execution of their duties are exempt from liability under state law.”
Local officials should instead consider how their actions endanger federal law enforcement, the statement added.
A message requesting a response to Bovino was not immediately responded to.
Bovino, who has emerged as a key figure in the Trump administration’s immigration enforcement operations, is known for bringing aggressive tactics to crackdowns in Minneapolis-St Paul, Chicago and Los Angeles. In Chicago, federal officers frequently used chemical irritants to control crowds in residential areas, and a judge ordered Bovino to wear a body camera and appear in court every day to answer questions about the crackdown. This order was overturned before its first forced appearance.
Officers at times took a forceful approach to rally protesters in Minneapolis-St Paul, detaining scores of people who blew whistles and recorded arrests.
Bovino was removed from his leading role in the Minnesota effort after federal officers fatally shot Good and Pretti.
Moriarty’s office set up an online portal where photos, videos and eyewitness accounts could be uploaded from any point during Operation Metro Surge.
Rachel Moran, a professor of criminal law and policing at the University of St. Thomas School of Law in Minneapolis, said the Trump administration defended federal officers but made clear that Moriarty’s office was “gathering evidence of all kinds of possible crimes.”
Moran cited examples of cases where prosecutors may investigate assault or property damage when police officers unjustly used chemical weapons, threw people to the ground or broke car windows.
“These may be situations where the state must determine: Is there evidence that agents acted illegally and outside the scope of their authorized duties?” said Moran. “I think agents are doing illegal things here. I watched it.”
Although federal officers conduct immigration enforcement throughout the Twin Cities, Moriarty’s investigation will focus only on incidents in Hennepin County, which includes Minneapolis and many of its suburbs.
He said Monday that his office was prepared to sue the federal government if he didn’t hear from Good and Pretti with the evidence he requested for their investigation by Tuesday.
“The question is, should we file a lawsuit in federal court?” said Moriarty. “Are we waiting for the federal government to block us? I would say they’re already doing that.”
The Department of Justice (DoJ) opened a civil rights investigation into Pretti’s death but said it saw no reason for a civil rights investigation into Good’s death. The Federal Bureau of Investigation (FBI) barred state investigators from accessing evidence in his case.
The Justice Department and FBI did not immediately return requests for comment.
While addressing the challenges his office will face in bringing charges against federal agents, Moriarty said they are committed to transparency and accountability.
Mark Osler, who served as criminal division director for a year under Moriarty in 2023 and 2024, said he thought the public could expect more clarity regardless of whether there are charges.
“One of the most important roles that the prosecution has is to tell the truth, to bring to the surface what really happened at a particular time,” said Osler, a law professor at the University of St. Thomas. “When he’s done, we’ll all know more than what we saw in those first videos. I’m sure of that.”
