Legal Battle Over ICE Agent’s Conduct Sparks Tensions
The Department of Homeland Security (DHS) accuses Minnesota officials of staging a political stunt. This accusation arises as federal and state authorities argue over whether ICE agent Gregory Morgan Jr. should face prosecution in state or federal court. Morgan faces two counts of second-degree assault after allegedly pointing a gun at motorists during an incident.
Morgan’s legal team, supported by federal officials, claims legal protection under doctrines linked to the U.S. Constitution’s Supremacy Clause. This clause suggests federal law takes precedence over conflicting state laws. Courts sometimes protect federal officers from state prosecution when acting within their official roles. However, Minnesota prosecutors argue these protections don’t apply here, suggesting Morgan’s alleged actions were not part of any legitimate federal duty.
The case highlights a broader debate on legal protections for federal officers. Hennepin County prosecutors want the case to remain in state court, whereas the federal government supports Morgan’s push to move it to federal court. The Department of Justice recently filed a notice for Senior Trial Attorney Paul Quast to appear on behalf of the United States in the case.
“These actions by Minnesota sanctuary politicians are nothing more than a political stunt,” stated a DHS spokesperson. “States do not have the authority to charge a federal law enforcement officer while performing his official duties.”
The statement follows an appeal by Hennepin County Attorney Mary Moriarty’s office, urging a federal judge to reject Morgan’s motion for transferring the case out of Minnesota state court.
Recent legal filings suggest Morgan aims to change a road rage incident into a federal enforcement action. The Hennepin County Attorney’s Office, joined by the Institute for Constitutional Advocacy and the Washington Litigation Group, claims no substantial link exists between Morgan’s alleged actions and his ICE responsibilities.
Prosecutors argue Morgan had no authority to confront motorists on a Minnesota highway. They contend his choice to drive illegally on the shoulder during rush hour shows a personal decision, unrelated to any job duties.
Morgan’s attorney, Ryan Pacyga, filed a petition citing self-defense. He argues Morgan’s actions occurred while performing his federal duties and that he faced fears of imminent harm.
According to court records, the incident took place on Highway 62 near Interstate 35W as Morgan was returning from an immigration enforcement operation. Authorities allege Morgan pointed a handgun at the occupants of a blocking vehicle while driving on the highway shoulder.
Further arrests occurred during Operation Metro Surge, as DHS reported the apprehension of several criminal illegal immigrants.
Moriarty’s office also pressed charges against another ICE agent tied to an alleged shooting incident during the same operation. The event led to protests in Minneapolis.
Fox News Digital sought comments from the Justice Department, Moriarty’s office, and Pacyga on the ongoing matters.
Elaine Mallon writes for Fox News Digital and Fox Business, covering national politics.