Minnesota Officials and DHS Dispute Over Prosecution of ICE Agent

The Department of Homeland Security (DHS) is criticizing Minnesota officials, describing their actions as a “political stunt” amid a legal dispute over the prosecution of an Immigration and Customs Enforcement (ICE) agent. The federal and state authorities are at odds over whether the ICE agent, accused of threatening motorists with a gun, should face trial in state or federal court.

The case involves Gregory Morgan Jr., an ICE agent charged with two counts of second-degree assault. Prosecutors allege Morgan pointed a handgun at motorists during a traffic altercation while returning from a federal immigration operation in the Twin Cities. Morgan’s legal team, supported by federal authorities, claims he is protected by legal doctrines linked to the Supremacy Clause of the U.S. Constitution, which establishes federal law as superior to conflicting state laws. Courts have sometimes shielded federal officers from state prosecution if actions occurred during official duties. Minnesota prosecutors argue that these protections do not apply in this case, as Morgan’s alleged actions were not part of any legitimate federal law enforcement function.

This dispute has highlighted broader discussions on the legal protections of federal officers. Hennepin County prosecutors aim to keep the case in state court, while the federal government supports Morgan’s attempt to transfer it to federal court. Recently, the Department of Justice filed a notice for Senior Trial Attorney Paul Quast to represent the United States in the proceedings.

“These actions by Minnesota sanctuary politicians are nothing more than a political stunt,” a DHS spokesperson stated. “States do not have the authority to charge a federal law enforcement officer while performing his official duties.”

The statement followed a request from Hennepin County Attorney Mary Moriarty’s office urging a federal judge to refuse Morgan’s request to shift the case from Minnesota state court. Prosecutors argue Morgan tried to recast a personal road rage incident as a federal enforcement action.

The Hennepin County Attorney’s Office, supported by the Institute for Constitutional Advocacy and the Washington Litigation Group, notes a lack of meaningful connection between the alleged assault and Morgan’s ICE agent role. The filing emphasizes that Morgan’s power to arrest and detain for immigration violations did not extend to confrontations on a Minnesota highway.

Prosecutors contend there was no job-related reason for Morgan to rush or use the highway shoulder illegally to bypass traffic, or to brandish a firearm at motorists. Morgan’s attorney, Ryan Pacyga, argues the incident occurred during federal law enforcement duties and that Morgan and his partner feared imminent harm.

The incident took place as Morgan returned to the Whipple Federal Building at Fort Snelling on February 5, following his involvement in Operation Metro Surge. Prosecutors accuse Morgan and another ICE agent of using the highway shoulder during rush hour and allege Morgan pointed a handgun at a blocking vehicle.

A motorist reported to 911 that a man aimed a Glock at his face, prompting worries for safety among the occupants. Morgan faced two counts of second-degree assault and was released on $100,000 bail.

This case is among several prosecutions following Operation Metro Surge. Moriarty’s office later charged another ICE agent, Christian Castro, with assault related to an alleged shooting, causing protests in north Minneapolis.

Fox News Digital sought comments from the Justice Department, Moriarty’s office, and Morgan’s attorney, Pacyga.

Elaine Mallon is a writer for Fox News Digital and Fox Business focusing on national politics.