Border Patrol commander vows to continue tear gas use in Minneapolis

One of president Donald Trump’s top immigration officials vowed Saturday to continue using tear gas during Operation Metro Surge in Minneapolis, after a federal judge in Minnesota on Friday blocked federal officers from using it against peaceful protesters.

Border Patrol Chief Gregory Bovino said federal agents will continue to deploy tear gas against violent protesters who “cross the line” amid ongoing unrest and rising tension across the Twin Cities.

“We will continue to use the minimum force necessary to accomplish our mission,” Bovino said Saturday on “Fox News Live,” adding that immigration officers have never used tear gas against “peaceful protesters.”

“We always support the First Amendment, but when they cross the border and are violent, we will use those less-lethal munitions because it keeps them safe, it keeps our officers safe, and it keeps the public safe,” Bovino said.

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Bovino comments after U.S. District Judge Kate Menendez issued a ruling on Friday in a case filed in December on behalf of six Minnesota activists, represented by the ACLU of Minnesota, prohibiting federal officers from detaining or deploying tear gas against peaceful protesters who do not obstruct authorities while participating in Operation Metro Surge.

The ruling prohibits federal agents from retaliating against peaceful protesters or observers, adding that federal agents must show probable cause or reasonable suspicion that someone has committed a crime or is interfering with law enforcement operations.

Federal agents cannot use pepper spray or other non-lethal munitions and crowd dispersal devices against peaceful protesters, according to the ruling, and peacefully following officers “at an appropriate distance does not of itself raise reasonable suspicion to justify stopping a vehicle.”

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Law enforcement officers stand amidst tear gas at the scene of a reported shooting in Minneapolis on January 14. (AP Photo/Adam Gray)

The order came as tensions rose in Minneapolis after an Immigration and Customs Enforcement (ICE) agent shot 37-year-old Rene Judd earlier this month during a federal immigration enforcement operation. In her ruling, Menendez noted that the Minnesota Department of Homeland Security’s immigration crackdown appears to be escalating.

“There is no indication that this process is ending, but rather it appears to continue to escalate,” she wrote.

The city of Minneapolis praised the court’s decision, while urging community members to be “peaceful and lawful” around immigration agents.

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“Since this is a federal court order, we expect the Fed to change course and comply for everyone’s safety,” the city wrote on Saturday on X.

“We applaud the court’s decision in the ACLU’s lawsuit, which prohibits federal immigration agents from targeting or retaliating against those who peacefully and lawfully protest or monitor the operations of Operation Metro Surge.”

Minnesota Attorney General Keith Ellison responded to the ruling, saying that “this primary victory is important to every Minnesotan who exercises their constitutional right to peacefully protest and testify.”

Federal agents deploy tear gas as anti-ICE agitators move through a smoke-filled street during an immigration enforcement operation in Minneapolis, on January 13. (Mustafa Basem/Anadolu via Getty Images)

“Thank you to the ACLU and the plaintiffs for standing firm in defense of this basic freedom,” he added.

After the ruling, Assistant Secretary of Homeland Security Tricia McLaughlin said the First Amendment does not protect “riots,” adding that DHS “is taking appropriate and constitutional actions to uphold the rule of law and protect our officers and the public from dangerous rioters.”

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“We remind the public that rioting is a serious matter, that obstructing law enforcement is a federal crime and assaulting law enforcement is a felony,” McLaughlin said in a statement to Fox News Digital. “Rioters and terrorists have assaulted law enforcement, set off fireworks at them, slashed their tires, and vandalized federal property. Others have chosen to ignore orders, attempted to impede law enforcement operations, and used their vehicles as weapons against our officers.”

McLaughlin added that law enforcement followed their training and “used the minimum force necessary to protect themselves, the public and federal property.”