Minneapolis is bracing for potential legal battles as Hennepin County Attorney Mary Moriarty announced a sweeping investigation Monday into the conduct of federal immigration agents during last year’s “Operation Metro Surge.” The probe, dubbed the Transparency and Accountability Project, could lead to criminal charges against agents, including former Border Patrol commander Gregory Bovino, for alleged misconduct. The investigation centers around 17 incidents reported by the community, raising serious questions about the tactics employed during the federal crackdown and sparking renewed debate over immigration enforcement policies.
Moriarty’s office has established an online portal for residents to submit photos, videos, and eyewitness accounts related to Operation Metro Surge, signaling a commitment to a transparent and community-driven investigation. This move comes amid growing concerns over the use of force by federal agents and allegations of unlawful behavior during the operation, which saw increased immigration enforcement activity in Minneapolis and St. Paul. The county attorney emphasized her office’s willingness to pursue charges “where appropriate” and collaborate with local law enforcement, stating unequivocally, “Make no mistake, we are not afraid of any legal fight.”
The investigation’s scope extends to several specific incidents, including an event on January 21st where Bovino was reportedly seen deploying a chemical agent into a crowd of protesters. The county attorney is examining the deaths of two U.S. Citizens, Renee Quality and Alex Pretti, during encounters with federal agents on January 7th and January 24th, respectively. These cases have drawn national attention and fueled criticism of federal immigration enforcement practices. The Department of Homeland Security (DHS) has defended its actions, asserting that immigration enforcement is a federal responsibility and that states lack the authority to prosecute federal officers.
Federal Authority Challenged as Investigation Begins
The DHS statement, released Monday night, argued that attempts by states to prosecute federal officers are “unlawful” and that agents are immune from state liability although acting within the scope of their duties. This assertion sets the stage for a potential legal showdown between the federal government and Hennepin County, as Moriarty’s office has indicated its willingness to sue the federal government to obtain evidence related to the Good and Pretti investigations if a response isn’t received by Tuesday. The Department of Justice (DOJ) opened a civil rights inquiry into Pretti’s death, but declined to open a similar investigation into Good’s death, and the FBI reportedly barred state investigators from accessing evidence in Good’s case, further escalating tensions.
The legal complexities surrounding the investigation are significant. The principle of federal preemption – the idea that federal law overrides state law when there is a conflict – is likely to be a central argument in any legal challenge brought by the federal government. But, Moriarty’s office appears prepared to argue that the alleged misconduct by federal agents falls outside the scope of their authorized duties, potentially opening the door to state prosecution. The outcome of this legal battle could have far-reaching implications for the balance of power between federal and state authorities in immigration enforcement.
Gregory Bovino’s History of Aggressive Tactics
Gregory Bovino, a key figure in the Trump administration’s immigration enforcement efforts, has a history of implementing aggressive tactics in cities like Minneapolis-St. Paul, Chicago, and Los Angeles. In Chicago, federal officers under Bovino’s command were criticized for frequently deploying chemical irritants as crowd control measures in residential neighborhoods. A judge initially ordered Bovino to wear a body camera and appear in court daily to answer questions about the crackdown, though that order was later overturned before his first scheduled appearance. Bovino was subsequently removed from his leading role in the Minnesota effort following the fatal shootings of Renee Good and Alex Pretti.
The circumstances surrounding the deaths of Good and Pretti remain under intense scrutiny. Renee Good, 37, was fatally shot by federal agents on January 7th. The Guardian reported that her death sparked protests and calls for accountability. Alex Pretti, also 37, was shot and killed by federal agents on January 24th, prompting similar outrage and demands for a thorough investigation. Details surrounding both shootings are still emerging, and the investigations are ongoing.
Operation Metro Surge and Community Concerns
Operation Metro Surge, launched in late 2025, aimed to increase immigration enforcement in the Minneapolis-St. Paul area. The operation quickly drew criticism from community activists and civil rights groups, who accused federal agents of using overly aggressive tactics and targeting immigrant communities. Reports emerged of officers detaining individuals blowing whistles or recording arrests, raising concerns about the suppression of First Amendment rights. The operation also led to clashes between officers and protesters, with several incidents involving the deployment of chemical irritants.
Rachel Moran, a professor of criminal law and policing at the University of St. Thomas School of Law in Minneapolis, believes the evidence suggests potential criminal wrongdoing by federal agents. “These would be situations where the state has to determine: is there evidence that agents acted unlawfully and outside the scope of their authorized duties?” Moran stated. “I think agents did illegal things here. I watched it.” Moran suggested that prosecutors may be investigating charges such as assault or property damage based on allegations of unjustified use of force, unlawful detention, and damage to property.
Legal Challenges and Potential Outcomes
The legal path forward is fraught with challenges. The federal government is likely to argue that its agents were acting within their lawful authority and that state prosecution is barred by the principle of federal immunity. Moriarty’s office, however, is expected to argue that the alleged misconduct constitutes a violation of state law and that the agents exceeded their authority. The outcome of the investigation will likely depend on the strength of the evidence gathered and the interpretation of federal and state law by the courts.
Mark Osler, a law professor at the University of St. Thomas and former director of the criminal division under Moriarty, believes the investigation will provide greater clarity about the events that transpired during Operation Metro Surge, regardless of whether criminal charges are filed. “One of the most important roles that prosecution has … is truth-telling, is to bring to the surface what actually happened at a given time,” Osler said. “We’ll all know more than just what we saw in those initial videos by the time she’s done. I’m confident of that.”
Hennepin County’s investigation is not occurring in a vacuum. It reflects a broader national debate over immigration enforcement and the use of force by law enforcement agencies. Similar investigations have been launched in other cities, and the outcome of this case could set a precedent for future challenges to federal authority in immigration matters. The case also highlights the growing tension between state and federal governments over immigration policy, a tension that is likely to persist in the years to come.
As of Tuesday, March 3rd, Moriarty’s office is awaiting a response from the federal government regarding the evidence requested for the Good and Pretti investigations. If no response is received, the county attorney has indicated her intention to file a lawsuit to compel the federal government to cooperate. The coming weeks will be critical as the investigation unfolds and the legal battle lines are drawn. The public can contribute information to the investigation through the online portal established by the Hennepin County Attorney’s Office.
This is a developing story. We will continue to provide updates as more information becomes available.
Readers are encouraged to share their thoughts and perspectives on this important issue in the comments section below.
Related reading