U.S. Immigration and Customs Enforcement (ICE) agents are broadly covered by federal immunity while performing their duties. Hennepin County prosecutors in Minnesota are now testing the boundaries of that protection with a criminal complaint against an ICE agent in what appears to be the first case stemming from the actions of federal agents during “Operation Metro Surge.
During a news conference on April 16, Hennepin County Attorney Mary Moriarty announced that ICE agent Gregory Donnell Morgan Jr. is facing two charges of second-degree assault with a dangerous weapon stemming from a road-rage incident on February 5, 2026, at the interchange of Highway 62 and Interstate 35W near the Minneapolis–St. Paul International Airport. After his unmarked SUV was blocked from riding the shoulder by the victim’s car, Morgan Jr. allegedly brandished his service weapon at the car’s passengers before speeding off.
While Minnesota has opened more than a dozen investigations into allegedly illegal acts committed by federal agents in the Department of Homeland Security, Thursday’s filing represents the first to result in criminal charges. This includes the fatal shootings of Alex Pretti, Renee Good, and Julio Cesar Sosa‑Celis in January, with state prosecutors accusing the federal government of refusing to release evidence and provide access to suspects in a timely manner. With protections afforded to federal officers under the Supremacy Clause and other sources, the state faces an uphill battle to secure a conviction
Trouble in the Twin Cities
Starting in early December 2025 and lasting into 2026, Operation Metro Surge became an extremely divisive campaign among Americans. Flooding the region with ICE officers, Border Patrol agents, and other federal authorities, Operation Metro Surge stood as a stark example of the Trump administration’s stance on immigration. Taking area residents into custody, often without arrest warrants, the enforcement operation was met by a massive protest movement. The ensuing clashes between U.S. citizens and federal law enforcement led to, among other tragedies, the deaths of Good, Pretti, and Sosa‑Celis.
The criminal case against Morgan Jr. comes from a much more isolated incident. On February 5, the victims were in their car in the right lane of a highway, stopped in heavy traffic. In the passenger-side mirror, the driver observed a dark-colored SUV approaching from behind in the breakdown lane (or shoulder) at a high rate of speed. Seeing that the SUV had no lights or sirens on and no license plate identifying it as law enforcement, the driver eased their vehicle into the breakdown lane enough to block passage. This prevented the Ford Expedition driven by Morgan Jr. from getting past.
After traffic began to move, Morgan Jr. pulled up next to the victim’s car, opened his window, and allegedly brandished his service weapon at the passengers. The black T-shirt he was wearing did not display any identification or insignia. He then drove away. Neither he nor his passenger reported the incident when they returned to their station. The victims, who said they had no reason to believe that Morgan Jr. was a member of a federal law enforcement agency and feared they had been threatened by a random person with a firearm, called 911 and gave a report to the Minnesota State Patrol.
During the investigation, Morgan Jr. admitted to pulling his gun and brandishing it as described. He claimed that he shouted, “Police, stop!” as he did so, but the other motorists reported that they could not hear what he said. He stated that he pulled his gun because the vehicle had “cut him off” and that he “feared for his safety and the safety of others.”
Can You Do That? You Can’t Do That. Maybe You Can Do That.
It is possible this case was chosen to pursue first, over higher-profile Metro Surge investigations, because the prosecution managed to obtain access to everyone involved, footage from highway cameras, and a recording made by one of the motorists.
Morgan Jr. may have (eventually) admitted what he did, but that does not mean Minnesota has an easy path to a conviction. The Doctrine of Preemption comes from the Supremacy Clause in Article VI of the U.S. Constitution. It holds that federal laws override state laws when the two conflict. It is also likely his defense will invoke 1890’s Cunningham v. Neagle, which gives a great deal of latitude to the actions of federal agents performing their duties. The crux may be determining whether Morgan Jr., who was driving back to his base to refuel the vehicle, pulled his gun while actually engaged in his duties as a federal agent at that moment.
The victims can also bring civil claims against Morgan Jr. It is difficult to overcome the qualified immunity federal officers are given, but not impossible. Meanwhile, an arrest warrant for assault charges against Morgan Jr. has been issued by the Hennepin County District Court. He has neither surrendered nor been taken into custody as of the time of this writing, further delaying Minnesota’s quest to hold ICE agents responsible for their alleged misdeeds. (You could add “prosecutors have described the warrant as active nationwide” if you want to mirror press statements. )
Related Resources
- DOJ Sues California Over Laws Requiring Agents To Go Unmasked (FindLaw’s Courtside)
- Wage Theft and Threats To Call ICE: What Workers Need To Know (FindLaw’s Law and Daily Life)
- SCOTUS Upholds Ability for ICE To Stop People Based on Race, Language, and Job (FindLaw’s Federal Courts)
