Border Patrol commander vows continued tear gas use after Minnesota federal judge’s order

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

Border Patrol commander Gregory Bovino said federal agents would continue deploying tear gas against violent protesters who “cross the line” amid ongoing unrest and heightened tension across the Twin Cities.

“We’re going to continue to use that 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 they’re violent, we will use those less lethal munitions because it keeps them safe, it keeps our officers safe, and it keeps the public safe,” Bovino said.

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Bovino’s comments after U.S. District Judge Kate Menendez issued a ruling Friday in a case filed in December on behalf of six Minnesota activists, represented by the American Civil Liberties Union of Minnesota, barring federal officers from detaining or deploying tear gas against peaceful protesters who are not obstructing authorities while participating in Operation Metro Surge.

The ruling prohibits federal agents from retaliating against peaceful protesters or observers, adding that federal agents must show probable cause or reasonable suspicion that someone has committed a crime or is interfering with law enforcement operations.

Federal agents cannot use pepper spray or other non-lethal munitions and crowd-dispersal tools against peaceful protesters, according to the ruling, and peacefully following officers “at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop.”

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The order came as tensions escalated in Minneapolis after an Immigration and Customs Enforcement (ICE) agent fatally shot 37-year-old Renee Good earlier this month during a federal immigration enforcement operation. Menendez noted in her ruling that the immigration crackdown by the Department of Homeland Security (DHS) in Minnesota appears to be escalating.

“There is no sign that this operation is winding down—indeed, it appears to still be ramping up,” she wrote.

The City of Minneapolis applauded the court’s decision, while urging community members to be “peaceful and lawful” around immigration agents.

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“As this is a federal court order, we expect the federal administration to change course and comply for the safety of all,” the City wrote Saturday on X.

“We applaud the court’s decision in the ACLU’s lawsuit, which prohibits federal immigration agents from targeting or retaliating against those peacefully and lawfully protesting or observing Operation Metro Surge operations.”

Minnesota Attorney General Keith Ellison reacted to the ruling, saying that “this preliminary win matters for every Minnesotan exercising their constitutional right to peaceful protest and witness.”

“Thank you to the ACLU and the plaintiffs for standing firm in defense of this bedrock freedom,” he added.

After the ruling, DHS Assistant Secretary Tricia McLaughlin said that the First Amendment does not protect “rioting,” adding that DHS is “taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”

“We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony,” McLaughlin said in a statement to Fox News Digital. “Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers.”

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