The Department of Homeland Security (DHS) and Minnesota officials are embroiled in a dispute over the prosecution of an Immigration and Customs Enforcement (ICE) agent. The conflict arises from whether the matter should be addressed in state or federal court.
The case centers on Gregory Morgan Jr., an ICE agent charged with two counts of second-degree assault. Prosecutors allege he pointed a handgun at motorists during a traffic incident while returning from a federal immigration enforcement operation in the Twin Cities. Morgan’s attorneys, supported by federal officials, claim the Supremacy Clause of the U.S. Constitution protects him. This clause asserts that federal law takes precedence over conflicting state laws. Past court rulings have provided federal officers immunity in certain situations related to their official duties. However, Minnesota prosecutors argue that these protections do not apply in this case, as Morgan’s actions fell outside any legitimate federal law-enforcement function.
This case highlights a broader debate concerning the legal protections available to federal officers. Hennepin County prosecutors aim to keep the case in state court, while the federal government supports Morgan’s effort to shift it to federal court. This week, the Department of Justice requested Senior Trial Attorney Paul Quast to represent the United States in the matter.
“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.”
This statement followed Hennepin County Attorney Mary Moriarty’s office urging a federal judge to deny Morgan’s request for case removal from Minnesota state court. Prosecutors contend that Morgan is attempting to disguise his road rage on a state highway against Minnesota residents as a federal enforcement action. The filing, by the Hennepin County Attorney’s Office, the Institute for Constitutional Advocacy, and the Washington Litigation Group, argues there is no significant link between the assault and Morgan’s ICE agent duties.
The prosecution asserts that Morgan’s authority does not extend to confronting drivers on a Minnesota highway as part of immigration enforcement. The filing emphasizes Morgan’s decision to drive illegally on the shoulder to bypass rush-hour traffic, and pull out his firearm, was unrelated to his job duties. Morgan’s attorney, Ryan Pacyga, claims the incident occurred during federal law enforcement duties, with Morgan and his partner fearing “imminent bodily harm.”
According to court records, Morgan was returning to the Whipple Federal Building at Fort Snelling on February 5 after participating in Operation Metro Surge. The incident occurred on Highway 62 near the Interstate 35W interchange. Prosecutors allege Morgan and another ICE agent were driving on the highway shoulder when a Cadillac blocked their path. Authorities claim Morgan then drew a handgun and pointed it at the car’s occupants.
One motorist called 911, reporting the weapon threat, while both occupants later expressed their fears to investigators. Morgan was charged with two counts of second-degree assault and released after posting $100,000 bail.
Morgan’s prosecution is not isolated. During Operation Metro Surge, another ICE agent, Christian Castro, was charged in a separate incident involving the alleged shooting of Julio Sosa-Celis, leading to protests in north Minneapolis.
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