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"Today's charges reflect an important milestone in our efforts to seek accountability for the harms inflicted on our community," said Hennepin County Attorney Mary Moriarty.
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."
Hennepin County Attorney Mary Moriarty: "Are we concerned as to whether there would be federal blowback? Not a concern of ours. Our role is to hold people accountable if they violate the laws of Minnesota. We feel strongly that this ICE agent committed 2nd degree assault." pic.twitter.com/G6aPyewU3q
— Aaron Rupar (@atrupar) April 16, 2026
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."
Officials, said one observer, "are finally starting to call the terror ICE is inflicting on communities what it actually is: kidnapping."
Prosecutors in Minnesota are investigating whether some of the most infamous images of the Trump administration's immigration crackdown in the Twin Cities earlier this year actually captured a kidnapping, when US citizen ChongLy "Scott" Thao was filmed being taken from his home by federal agents in freezing temperatures, wearing only his underwear with a blanket wrapped around him.
Ramsey Country Attorney John Choi, whose jurisdiction covers Saint Paul, where Thao was arrested in January, said at a press conference Monday that he has requested information from the Department of Homeland Security about the man's arrest.
"There are many facts we don't know yet, but there's one that we do know. And that is that Mr. Thao is and has been an American citizen. There's not a dispute over that," Sheriff Bob Fletcher said at the press conference.
The officials said they are investigating whether the agents could face criminal charges for kidnapping, burglary, and false imprisonment.
US Immigration and Customs Enforcement agents arrived without a warrant at the home Thao shares with his son, daughter-in-law, and four-year-old grandson on January 18 and forced their way in, brandishing their guns at the family as they handcuffed Thao.
They did not allow Thao's daughter-in-law to get proof of his citizenship. The 56-year-old has been a US citizen for decades after his mother fled Laos in the 1970s.
“We believe there was no legitimate legal reason for the federal agents to enter that home, it was not supported by probable cause,” said Choi.
Without giving him a chance to get dressed, the agents then hauled Thao out of his home into the 14°F temperatures as his neighbors yelled and blew whistles at the officers, demanding his release.
ICE arrest of US CITIZEN probed as kidnapping
ChongLy ‘Scott’ Thao seized Jan 18 — agents smash down door, drag him out at gunpoint in underwear
'Potential case of kidnapping, burglary and false imprisonment' — officials pic.twitter.com/alsaq46bAz
— RT (@RT_com) April 14, 2026
They drove him around for nearly an hour before arriving at a remote area and demanding that he get out of the car and show his ID—which he hadn't been allowed to bring. They determined he was a US citizen with no criminal record and drove him back home.
Fletcher said federal agents switched the license plates of the vehicle used during the arrest, violating Minnesota law and leaving authorities with no knowledge of the identities of the officers who arrested Thao.
"There's no dispute that he was taken out of his house, forcibly taken out of his home, and driven around," said Fletcher at the press conference. "Is that good law enforcement, to take an American citizen out of their home and drive them around aimlessly, trying to determine what they can tell them?'"
One observer said the officials "are finally starting to call the terror ICE is inflicting on communities what it actually is: kidnapping."
"If regular people did this, they’d be in prison," they said. "So why aren’t the agents?"
In keeping with the Trump administration's response to widespread condemnation of its immigration crackdown and the conduct of its federal agents, DHS told The New York Times that Choi's investigation into the arrest was “a political stunt to demonize ICE law enforcement.”
The agency has claimed the officers were looking for two convicted sex offenders, one of whom has reportedly been in state prison since 2024.
Choi said Monday that there is no evidence the federal agents had a judicial warrant to enter Thao's home. The arrest took place days before a whistleblower group reported on an ICE memo which claimed that according to the DHS Office of the General Counsel, "the US Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants" in order to enter a home to make an arrest.
Legal experts have said the memo directly contradicts the Fourth Amendment, which prohibits unreasonable searches and seizures.
If the goal of the movement is to engage people as broadly as possible, as well as to demonstrate power, then the armbands can offer additional options and bring the day of protests into more places.
Major unions like the National Education Association and American Federation of Teachers, and citizen groups like Indivisible and Public Citizen, are calling for a national May Day strike. It’s a powerful idea, building off of a Minnesota day this past January where people didn’t go to work or school, didn’t shop, and didn’t otherwise participate in ordinary activities. The Minnesota day was spearheaded by major unions, 700 local businesses closed in solidarity, and 75,000-100,000 people marched in the streets.
For the national day, I’d suggest adding one more element: incorporating armbands, like black armbands, so people who are participating can make clear their sympathies. And those who can’t take off from work or school, or who are retired, so have no jobs to leave, can show support as well.
The armband idea comes from the October 15, 1969 Vietnam Moratorium. They didn’t call it a strike, but it was a similar day of marches, walkouts, teach-ins, and other activities that gave as many ways as possible to participate. Two million participated in the day’s marches, but far more in other activities. New York City’s Council endorsed it. Milwaukee held a funeral procession. Small towns rang church bells to commemorate the dead. The Moratorium took place while President Richard Nixon was threatening North Vietnam with nuclear weapons, and although Nixon said at the time the protests made no difference to him, he later revealed that the breadth of support led him to back off from the threat.
I was in high school in Los Angeles. I wore my black armband to school and my after-school job at a drugstore. My manager told me to take it off. I resisted as politely as I could. As I recall, he finally backed down. Another friend wore his armband at his high school in a mill town north of Seattle. In both cases, the armbands got people talking and thinking. They gave an additional way to participate for those who couldn’t join the walkouts. They reinforced anti-war solidarity. US soldiers in Vietnam even wore armbands as a way of joining the protests, following a full-page New York Times ad signed by 1,366 active service members.
So why not include a call for armbands as part of the May Day strike? It’s true that some people might use them as a substitute for visibly leaving jobs or schools. But if the goal of the movement is to engage people as broadly as possible, as well as to demonstrate power, then the armbands can offer additional options and bring the day of protests into more places. They’re an alternative for retired people who don’t have jobs to walk out of. They’re one more antidote to powerlessness, allowing people to participate step by step. It seems important to add them as part of the day’s organizing.