Minnesota Prosecutors Slap ICE Agent With Two Felony Assault Charges

Prosecutors in Minnesota charged a federal immigration enforcement agent with assault on Thursday for pulling a gun on two local residents during a February traffic dispute.

The Hennepin County prosecutor's office charged US Immigration and Customs Enforcement officer Gregory Donnell Morgan Jr., a resident of Maryland, with two counts of felony assault for the incident that took place along Highway 62 on February 5.

During a press conference, Hennepin County Attorney Mary Moriarty alleged that Morgan was driving a rented, unmarked Ford Expedition illegally along the shoulder of Highway 62.

The alleged victims, objecting to Morgan illegally driving on the highway shoulder, swerved in front of him briefly to block him, then pulled back into the regular lane.

Morgan then allegedly sped up his vehicle, pulled up alongside the victims' car, and drew his gun on them.

Moriarty said that Morgan's alleged actions were unjustified and outside the course of his duties, which would be enough for the state to avoid violating the US Constitution's Supremacy Clause that prevents state governments from infringing upon the federal government's sovereignty.

"Our opinion is that illegally driving on a shoulder, pulling up to a car and pointing a gun at the heads of two community members who are not doing anything at the time, is well beyond the scope of their authority as federal agents," said Moriarty. "So they may say that, but we will litigate that in court. And there is no such thing as absolute immunity for federal agents who violate the law in the State of Minnesota or any other state."

Moriarty also brushed off concerns about the federal government retaliating against Minnesota for criminally charging ICE agents.

"Not a concern of ours," she said. "Our role, by the way, is to hold people accountable if they violate the laws of the state of Minnesota. And in this particular case, we feel strongly that this agent committed second-degree assault against both of these victims. We have charged the case and our intent is to hold them accountable."

The case against Morgan is the first state prosecution related to Operation Metro Surge, the federal immigration enforcement operation that targeted the Twin Cities earlier this year and generated unprecedented mass protests that included a one-day general strike.

Morgan's prosecution may also be a preview of future cases, as there have been calls for months to prosecute the federal immigration officers who fatally shot Minneapolis residents Renee Good and Alex Pretti.

While speaking with reporters, Moriarty emphasized that "today's charges reflect an important milestone in our efforts to seek accountability for the harms inflicted on our community during Operation Metro Surge," vowing "we will not rest until we get the answers we seek about federal agent conduct across Hennepin County, and accountability is delivered wherever appropriate."