Minnesota launches investigation that could bring charges against
federal immigration officers
[March 03, 2026]
By SARAH RAZA and HANNAH FINGERHUT
A Minnesota prosecutor announced an investigation Monday that may lead
to charges against federal officers, including Border Patrol official
Greg Bovino, for misconduct during an immigration enforcement crackdown.
Hennepin County Attorney Mary Moriarty said in a news conference that
her office is already looking into 17 cases, including one where Bovino
threw a smoke canister at protesters on Jan. 21. Another on Jan. 7
involved federal officers making an arrest outside a high school and
deploying chemical irritants while students and staff were in the area.
“Make no mistake, we are not afraid of the legal fight, and we are
committed to doing this correctly,” Moriarty said. “Operation Metro
Surge caused immeasurable harm to our community.”
The Department of Homeland Security, which oversees immigration
enforcement, responded 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 unlawful, and they know it," the
statement said. “Federal officials acting in the course of their duties
are immune from liability under state law.”
The statement added that local officials should instead consider how
their actions have endangered federal law enforcement officers.
A message to Bovino seeking his response was not immediately returned.
Bovino, who 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 deployed chemical irritants as
crowd control measures in residential neighborhoods, and a judge ordered
Bovino to wear a body camera and appear in court daily to answer
questions about the crackdown. That order was overturned before his
first mandated appearance.
Officers at times took a forceful approach to corralling protesters in
Minneapolis-St. Paul and detained numerous people blowing whistles and
recording arrests.
Bovino was eventually removed from his leading role in the Minnesota
effort after federal officers fatally shot 37-year-old mother Renee Good
and 37-year-old nurse Alex Pretti on different days in January, leading
to nationwide demonstrations and criticisms of DHS use-of-force
policies.
Moriarty's office has set up an online portal where photos, videos and
eyewitness accounts from any point during Operation Metro Surge can be
uploaded.
The Trump administration has defended federal officers, but Moriarty is
making clear that her office is “collecting evidence about all sorts of
possible crimes,” said Rachel Moran, a professor of criminal law and
policing at University of St. Thomas School of Law in Minneapolis.
In cases where officers unjustifiably used chemical weapons, threw
people to the ground or smashed car windows, Moran said as examples,
prosecutors may be investigating assault or property damage.
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U.S. Border Patrol Cmdr. Gregory Bovino walks with federal agents
outside a convenience store on Jan. 21, 2026, in Minneapolis. (AP
Photo/Angelina Katsanis, File)
“These would be situations where the state has to determine: Is
there evidence that agents acted unlawfully and outside the scope of
their authorized duties?” Moran said. “I think agents did illegal
things here. I watched it.”
Though federal officers conducted immigration enforcement throughout
the Twin Cities, Moriarty’s investigation will only focus on
incidents in Hennepin county, which includes Minneapolis and many of
its suburbs.
Her office is also investigating the deaths of Good and Pretti, and
she is “confident” they will be able to pursue charges. She said
Monday that her office is prepared to sue the federal government to
get the evidence she has requested for the investigations if she
does not hear from them by Tuesday.
“The question is, should we charge in federal court? Do we expect
the federal government to obstruct us? I would say they’re already
doing that,” Moriarty said.
The Department of Justice opened a civil rights inquiry into
Pretti's death, but said it saw no reason for a civil rights
investigation of Good's death. The Federal Bureau of Investigations
barred state investigators from accessing evidence in her case.
The DOJ and FBI did not immediately return requests for comment.
While Moriarty addressed the challenges her office would face in
bringing charges against federal agents, she said they are committed
to transparency and accountability.
Mark Osler, who served as director of the criminal division for a
year under Moriarty in 2023 and 2024, said regardless of whether
there are charges, he thinks the public can look forward to more
clarity.
“One of the most important roles that prosecution has … is
truth-telling, is to bring to the surface what actually happened at
a given time,” said Osler, who is currently a law professor at
University of St. Thomas. “We’ll all know more than just what we saw
in those initial videos by the time she’s done. I’m confident of
that.”
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Raza reported from Sioux Falls, South Dakota, and Fingerhut reported
from Des Moines, Iowa.
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