The Department of Homeland Security (DHS) has accused Minnesota officials of engaging in a “political stunt” related to the prosecution of an Immigration and Customs Enforcement (ICE) agent. The controversy involves whether Gregory Morgan Jr., an ICE agent accused of pointing a gun at motorists, should face charges in state or federal court.
Background of the Case
Gregory Morgan Jr. faces two counts of second-degree assault. Prosecutors allege he pointed a handgun at motorists during a traffic confrontation. This incident occurred while Morgan was returning from a federal immigration enforcement operation in the Twin Cities.
Morgan’s defense, supported by federal officials, asserts protection under legal doctrines from the Supremacy Clause of the U.S. Constitution. This clause prioritizes federal law over conflicting state laws. Federal officers may, in certain cases, be immune from state prosecution for actions performed as part of their duties. However, Minnesota prosecutors argue that such protections do not apply here, claiming Morgan’s alleged conduct extended beyond legitimate federal law enforcement functions.
Legal Dispute
The case has evolved into a broader argument over legal protections for federal officers. Hennepin County prosecutors aim to keep the case in state court, with federal support for Morgan seeking a transfer to federal court. The Department of Justice recently filed notice for Senior Trial Attorney Paul Quast to represent the United States in this matter.
A DHS spokesperson criticized the actions of Minnesota sanctuary politicians as a “political stunt,” arguing that states lack the authority to charge federal law enforcement officers engaged in official duties.
Prosecutors’ Perspective
Hennepin County Attorney Mary Moriarty’s office asked a federal judge to reject Morgan’s bid to move the case out of Minnesota state court. Prosecutors claim Morgan is trying to turn a “moment of road rage” on a state highway into a federal enforcement action. Court filings highlight no substantial link between the alleged assault and Morgan’s role as an ICE agent.
Prosecutors argue Morgan’s ability to arrest and detain immigration law violators did not justify actions taken against motorists on a Minnesota highway. The court documents state that there was no work-related necessity for Morgan to travel on the highway shoulder, leading to his alleged actions.
Defense’s Argument
Ryan Pacyga, Morgan’s attorney, filed a removal petition, claiming the conduct happened during federal duties. Morgan and his partner reportedly feared “imminent bodily harm” during the incident. The event took place on Highway 62 near the Interstate 35W interchange as Morgan returned to the Whipple Federal Building following participation in Operation Metro Surge.
Authorities allege that during rush hour, Morgan and another ICE agent drove on the highway’s shoulder. A vehicle blocked their path, prompting Morgan to draw a handgun and point it at the occupants. One motorist called 911, reporting that a man aimed a firearm at him and expressing fear for their safety. Morgan faces two counts of second-degree assault and was released after posting a $100,000 bail.
Broader Context
Morgan’s case is part of several prosecutions connected to Operation Metro Surge. Hennepin County charged another ICE agent, Christian Castro, with assault, related to the alleged shooting of Julio Sosa-Celis, triggering protests in Minneapolis.
Fox News Digital contacted the Justice Department, Moriarty’s office, and Pacyga for comments. Elaine Mallon is a correspondent for Fox News Digital and Fox Business covering national politics.