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The Department of Homeland Security is accusing Minnesota officials of staging a “political stunt” as federal and state authorities square off over whether an ICE agent accused of pointing a gun at motorists should be prosecuted in state or federal court.
The dispute centers on Gregory Morgan Jr., an Immigration and Customs Enforcement agent charged with two counts of second-degree assault after prosecutors said he pointed a handgun at motorists during a traffic confrontation while returning from a federal immigration enforcement operation in the Twin Cities.
Morgan’s attorneys, backed by federal officials, argue he is protected under legal doctrines stemming from the Supremacy Clause of the U.S. Constitution, which establishes that federal law supersedes conflicting state laws. Courts have recognized that federal officers may, in certain circumstances, be shielded from state prosecution for actions taken in the course of their official duties. But Minnesota prosecutors say those protections do not apply here, arguing Morgan’s alleged conduct fell outside any legitimate federal law-enforcement function.
The case has grown into a broader fight over the legal protections afforded to federal officers. Hennepin County prosecutors are seeking to keep the matter in state court, while the federal government has joined Morgan’s effort to move it to federal court. Earlier this week, the Department of Justice filed a notice seeking to have Senior Trial Attorney Paul Quast appear on behalf of the United States in the case.
“These actions by Minnesota sanctuary politicians are nothing more than a political stunt,” a DHS spokesperson said in a statement. “States do not have the authority to charge a federal law enforcement officer while performing his official duties.”
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The statement came as Hennepin County Attorney Mary Moriarty’s office urged a federal judge to reject Morgan’s request to transfer the case out of Minnesota state court.
In filings submitted this week, prosecutors argued Morgan is attempting to “transform his moment of road rage — committed on a state highway against Minnesota victims — into a federal enforcement action.”
The filing, submitted by the Hennepin County Attorney’s Office along with the Institute for Constitutional Advocacy and the Washington Litigation Group, contends there is no meaningful connection between the alleged assault and Morgan’s responsibilities as an ICE agent.
According to prosecutors, Morgan’s authority to arrest and detain individuals suspected of violating immigration laws did not extend to confronting motorists on a Minnesota highway.
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“There is no evidence of any job-related circumstance requiring the defendant to rush to his destination or to drive on the highway shoulder to get there,” the filing states. “It was the defendant’s decision to drive illegally on the shoulder to avoid the inconvenience of rush-hour traffic, and to draw and point his firearm at motorists who got in his way.”
Morgan’s attorney, Ryan Pacyga, filed the removal petition last week, arguing the alleged conduct occurred while Morgan was performing federal law enforcement duties and that both he and his partner feared “imminent bodily harm” during the encounter.
According to court records, Morgan was returning to the Whipple Federal Building at Fort Snelling on Feb. 5 after participating in Operation Metro Surge when the incident occurred on Highway 62 near the Interstate 35W interchange.
Prosecutors say Morgan and another ICE agent were driving on the highway shoulder during rush hour when a Cadillac moved over and blocked their path. Authorities allege Morgan then pulled alongside the vehicle, drew a handgun and pointed it at the occupants.
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One of the motorists called 911 and reported that a man had aimed a Glock at his face, while both occupants later told investigators they feared for their safety. Morgan was charged with two counts of second-degree assault and was released after posting $100,000 bail.
Morgan’s case is not the only prosecution stemming from Operation Metro Surge.
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Moriarty’s office later charged another ICE agent, Christian Castro, with multiple assault counts in connection with the alleged shooting of Julio Sosa-Celis, an incident that sparked protests in north Minneapolis.
Fox News Digital reached out to the Justice Department, Moriarty’s office and Pacyga for comment.
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