Border Patrol commander vows to continue tear gas use in Minneapolis

One of President Donald Trump’s most prominent immigration enforcers vowed to continue using tear gas during Operation Metro Surge in Minneapolis on Saturday, after a Minnesota federal judge on Friday barred federal officers from using it against peaceful protesters.

Border Patrol commander Gregory Bovino said federal agents will continue to use tear gas against violent protesters who “cross the line” amid ongoing unrest and rising tensions in the Twin Cities.

“We will continue to use the minimum amount of force necessary to accomplish our mission,” Bovino said Saturday on “Fox News Live,” adding that immigration officers have never used tear gas against “peaceful protesters.”

“We always support the First Amendment, but when they cross the line and become violent, we will use less lethal munitions because it keeps them safe, it keeps our officers safe, it keeps the public safe,” Bovino said.

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Bovino’s comments come after U.S. District Judge Kate Menendez issued an order Friday banning federal officers from detaining or using tear gas on peaceful protesters who do not obstruct authorities while participating in Operation Metro Surge, in a lawsuit filed on behalf of six Minnesota activists represented by the American Civil Liberties Union of Minnesota.

The order prohibits federal agents from retaliating against peaceful protesters or observers and adds that federal agents must show probable cause or reasonable suspicion that someone is committing a crime or interfering with law enforcement operations.

According to the ruling, federal agents cannot use pepper spray or other non-lethal munitions and crowd dispersal tools against peaceful protesters, and peacefully pursuing police officers from an appropriate distance “does not, by itself, create reasonable suspicion that would justify a vehicle stop.”

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Law enforcement officers stand amid tear gas at the scene of a reported shooting in Minneapolis on January 14. (AP Photo/Adam Gray)

The order comes as tensions rise in Minneapolis after an Immigration and Customs Enforcement (ICE) agent fatally shot 37-year-old Renee Good during a federal immigration enforcement operation earlier this month. In his decision, Menendez stated that the Department of Homeland Security (DHS) in Minnesota is increasingly cracking down on immigrants.

“There is no sign of this operation ending, in fact it still appears to be increasing,” he wrote.

While the City of Minneapolis applauded the court’s decision, it called on community members to remain “peaceful and lawful” with immigration officials.

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“Since this is a federal court order, we expect the federal government to reverse course and comply for the safety of everyone,” the city wrote on X on Saturday.

“We applaud the court decision in the ACLU case that prohibits federal immigration officials from targeting or retaliating against individuals who peacefully and lawfully protest or observe Operation Metro Surge operations.”

Reacting to the decision, Minnesota Attorney General Keith Ellison said, “This preliminary victory is important for every Minnesotan who exercises their constitutional rights to peacefully protest and testify.”

Federal agents use tear gas as anti-ICE agitators advance down a smoke-filled street during an immigration enforcement operation in Minneapolis on January 13. (Mustafa Bassim/Anadolu via Getty Images)

“We thank the ACLU and plaintiffs for standing firm in defending this fundamental freedom,” he added.

Following the ruling, DHS Deputy Secretary Tricia McLaughlin said the First Amendment does not protect “riots,” adding that DHS “takes appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”

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“We remind the public that rioting is dangerous; obstructing law enforcement is a federal crime and attacking law enforcement is a felony,” McLaughlin said in a statement to Fox News Digital. he said. “Rioters and terrorists attacked law enforcement officers, threw fireworks at them, slashed their vehicle tires, and damaged federal property. Others chose to ignore orders and attempted to impede law enforcement operations and used their vehicles as weapons against our officers.”

McLaughlin added that law enforcement officers follow their training and “use the minimum amount of force necessary to protect themselves, the public and federal property.”