An Immigration and Customs Enforcement agent has been charged with two counts of second-degree aggravated assault in Hennepin County, Minnesota, for allegedly pointing a firearm at civilians during a February incident on a Twin Cities highway. The charges stem from an alleged confrontation on February 5, 2026, when Gregory Donnell Morgan Jr., an ICE officer assigned to the Minneapolis area, reportedly drew his weapon while driving on Minnesota State Highway 62 near the Interstate 35W interchange.
According to charging documents reviewed by prosecutors, Morgan was operating an unmarked black Ford Expedition on the right shoulder of the highway when he approached a vehicle carrying two occupants. The victims stated they moved in front of him to avoid being cut off, after which Morgan pulled alongside their car and pointed a black handgun at them. The individuals, unaware of Morgan’s federal affiliation, called 911 and later shared video of the encounter with the Minnesota State Patrol, which assisted in identifying the vehicle through its Utah license plate.
The vehicle had been rented to Morgan’s partner, who was present in the back seat during the incident. In a voluntary interview with investigators, Morgan stated he was conducting surveillance on behalf of ICE and claimed he feared for his safety after being cut off in traffic. He said he drew his firearm, yelled “Police Stop,” and then drove back to the Whipple Federal Building near Fort Snelling.
Hennepin County Attorney Mary Moriarty announced the charges on Thursday, April 16, 2026, emphasizing that the case represents what her office believes to be the first criminal prosecution of a federal immigration officer related to actions taken during Operation Metro Surge, a federal initiative aimed at increasing immigration enforcement in select U.S. Cities. Moriarty described Morgan’s actions as “extremely dangerous” and “well beyond” the scope of his authority as a law enforcement agent.
The arrest warrant issued for Morgan cites a “substantial likelihood” that he would fail to respond to a summons and notes that his current location is not reasonably discoverable, justifying the decision to charge him by warrant rather than summons. Morgan, 35, of Temple Hills, Maryland, faces two counts of second-degree aggravated assault, each punishable by up to seven years in prison under Minnesota law.
Neither the Department of Homeland Security nor the Department of Justice provided immediate comment on the charges when contacted by The Associated Press. Attempts to reach Morgan via phone and email were unsuccessful.
Legal Context and Charges Explained
Under Minnesota Statute § 609.222, second-degree aggravated assault applies when a person assaults another with a dangerous weapon. A firearm is explicitly defined as a dangerous weapon under state law, and the charge does not require proof of intent to kill or cause serious injury—only that the assault was committed while in possession of such a weapon. Each count carries a presumptive sentence of 48 months, though judges may impose up to 84 months depending on aggravating factors and criminal history.
Legal experts note that charging a federal officer with state-level crimes is uncommon but legally permissible when the alleged conduct occurs outside the scope of federal duties. The Supremacy Clause of the U.S. Constitution does not shield federal employees from prosecution for violations of state criminal law, particularly when actions are deemed personal or unauthorized.
Morgan’s defense, as indicated in his voluntary interview, may center on claims of fear for personal safety and assertion of official duties. But, prosecutors argue that pointing a firearm at civilians during a traffic dispute—particularly while operating outside marked patrol protocols and without identifying himself as law enforcement—constitutes an unlawful use of force inconsistent with ICE policies, and training.
Broader Implications for Immigration Enforcement
The case has drawn attention to the conduct of federal agents participating in interior immigration enforcement operations, particularly in urban areas where such actions may intersect with routine civilian activity. Operation Metro Surge, referenced by Moriarty, is part of a broader strategy that has seen increased ICE presence in cities including Los Angeles, Chicago, Portland, and Novel Orleans since 2025.
Civil rights organizations have previously raised concerns about the tactics used in such operations, including surveillance in unmarked vehicles and interactions with the public that lack clear identification or de-escalation protocols. While the charges against Morgan are individual in nature, they contribute to ongoing debates about accountability, oversight, and the appropriate role of federal immigration agents in local communities.
The Minnesota State Patrol confirmed it assisted in the investigation by tracing the Utah license plate of the Ford Expedition, which led to the identification of the rental agreement linked to Morgan’s partner. No additional occupants in the vehicle were reported to have taken direct action during the incident beyond contacting emergency services.
Next Steps in the Legal Process
As of April 16, 2026, Morgan remains at large, with an active arrest warrant in effect. His initial court appearance has not yet been scheduled, as prosecutors must first locate and apprehend him. Once in custody, he will be entitled to a preliminary hearing where the prosecution must demonstrate probable cause to support the charges.
If the case proceeds, Morgan may enter a plea, request a trial, or pursue a plea agreement. Given the severity of the charges and the availability of video evidence cited in the charging documents, legal analysts suggest the case could proceed to trial unless a resolution is reached beforehand.
The Hennepin County Attorney’s Office has not indicated whether it will pursue additional charges or seek federal civil rights violations, though such determinations often follow the resolution of state-level proceedings.
For updates on this case, members of the public are encouraged to monitor official communications from the Hennepin County Attorney’s Office or check public court records through the Minnesota Judicial Branch’s online case access system.
If you have information related to this incident or similar encounters involving federal law enforcement, you may contact the Hennepin County Sheriff’s Office or submit tips through state-designated public safety portals.