Federal Court Sought for ICE Agent's Assault Case

Defense for an ICE agent charged with assault asks for federal venue, while Hennepin County prosecutors argue for state court.

Updated on Nov. 13, 2026 in Law Enforcement

Federal Court Sought for ICE Agent's Assault Case

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Defense attorneys for an ICE agent charged with assault have asked that the case be tried in federal court. The Hennepin County Attorney's Office contends it should proceed in Hennepin County District Court.

Why it matters

The judge's venue decision is likely to serve as precedent for other state charges against ICE agents in Minnesota. The dispute centers on whether the alleged conduct was connected to the agent's federal duties.

The agent faces an assault charge in Hennepin County, and a venue ruling is pending before Judge Brasel with no ruling date set. The defense contends the confrontation arose from federal duties, while prosecutors say the firearm display was not tied to his federal role.

The players

Hennepin County Attorney's Office

The Hennepin County Attorney's Office is the prosecuting office for Minnesota's most populous county, which includes Minneapolis.

Upper Midwest Law Center

The Upper Midwest Law Center is a nonprofit conservative law firm based in Minnesota that represents clients in civil rights and constitutional litigation.

The details

Prosecutors allege that the agent pointed a gun at another motorist during a road rage incident on Highway 62 in Minneapolis. The other driver allegedly swerved in front of and brake-checked the agent and his partner, according to defense briefs. Prosecutors say the agent was not being threatened and was not trying to make an arrest.

Timeline

  1. The incident occurred during the period of Operation Metro Surge, when tense confrontations between agents and protesters took place in Minneapolis.

  2. No date has been set for Judge Brasel's venue ruling.

Legal Context

The venue fight mirrors a recurring pattern in which federal officers invoke federal removal statutes to move state criminal cases into federal court. How Judge Brasel resolves the question could shape how Minnesota prosecutors approach similar charges.

Residents of Minneapolis and Hennepin County may see the outcome shape where and how state charges involving federal agents are prosecuted. The ruling could affect how local criminal cases arising from federal enforcement activity proceed in the county's courts.

The takeaway

Venue rulings in cases involving federal officers can determine which court system hears the case and which legal standards apply. Readers can follow the Hennepin County court docket for updates on the pending decision.

Further reading

Explore more on Law Enforcement coverage in Minneapolis and across Minnesota.

Source note: This article includes information reported by FOX 9 Minneapolis-St. Paul.

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Should officers charged with crimes off duty be tried in state court?