Minnesota County Attorney Pursues Criminal Charges Against Federal Immigration Officers

Hennepin County's top prosecutor has launched a criminal investigation into federal immigration agents, including Border Patrol official Greg Bovino, following alleged misconduct during enforcement operations. The probe examines 17 cases involving excessive force, including incidents where officers used smoke canisters against protesters and chemical irritants near schools.

Hennepin County’s chief prosecutor revealed Monday she is pursuing criminal charges against federal immigration agents following alleged misconduct during recent enforcement operations across the Twin Cities area.

County Attorney Mary Moriarty disclosed during a press briefing that her office is examining 17 separate incidents, including one where Border Patrol official Greg Bovino allegedly hurled a smoke device at demonstrators on January 21st. A separate January 7th incident involved federal agents conducting an arrest near a school while using chemical spray with students and faculty nearby.

“Make no mistake, we are not afraid of the legal fight, and we are committed to doing this correctly,” Moriarty declared. “Operation Metro Surge caused immeasurable harm to our community.”

Neither the Department of Homeland Security, which supervises Border Patrol operations, nor Bovino responded to requests for comment.

Bovino has become a prominent figure in the current administration’s immigration enforcement strategy, implementing aggressive methods during operations in Minneapolis-St. Paul, Chicago and Los Angeles. During the Chicago operation, federal agents repeatedly used chemical agents for crowd control in residential areas, prompting a judge to require Bovino to wear recording equipment and make daily court appearances regarding the enforcement actions. However, that judicial order was reversed before his initial required appearance.

Federal agents adopted confrontational methods when managing protesters in Minneapolis-St. Paul and arrested multiple individuals who were whistling and filming arrests.

Bovino was ultimately reassigned from his leadership position in the Minnesota operation following fatal shootings by federal officers of two individuals: 37-year-old mother Renee Good and 37-year-old nurse Alex Pretti, both killed on separate days in January. These deaths sparked nationwide protests and criticism of Department of Homeland Security force policies.

Moriarty’s office has established a digital platform where photographs, video footage and witness statements from any period during Operation Metro Surge can be submitted.

While the current administration has supported federal officers’ actions, Moriarty is clearly signaling that her office is “collecting evidence about all sorts of possible crimes,” according to Rachel Moran, who teaches criminal law and policing at University of St. Thomas School of Law in Minneapolis.

In situations where officers inappropriately deployed chemical weapons, forcibly threw individuals down or destroyed vehicle windows, Moran cited as examples, prosecutors might be examining assault or property destruction charges.

“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 explained. “I think agents did illegal things here. I watched it.”

While federal officers carried out immigration enforcement across the entire Twin Cities region, Moriarty’s investigation will concentrate solely on events within Hennepin County, encompassing Minneapolis and numerous surrounding communities.

Her office is simultaneously investigating the deaths of Good and Pretti, and she expressed being “confident” about pursuing charges. Moriarty stated Monday that her office is ready to take legal action against the federal government to obtain requested evidence for the investigations if they don’t respond by Tuesday.

“The question is, should we charge in federal court? Do we expect the federal government to obstruct us? I would say they’re already doing that,” Moriarty commented.

The Department of Justice initiated a civil rights investigation into Pretti’s death but determined no civil rights probe was warranted for Good’s death. The Federal Bureau of Investigation has prevented state investigators from examining evidence in her case.

The DOJ and FBI did not respond to requests for comment.

Despite acknowledging the obstacles her office faces in prosecuting federal agents, Moriarty emphasized their dedication to transparency and accountability.

Mark Osler, who worked as criminal division director under Moriarty for one year during 2023 and 2024, believes the public can expect greater clarity regardless of whether charges result.

“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,” stated Osler, currently a law professor at University of St. Thomas. “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.”