Hennepin Prosecutors Oppose Move of ICE Agent’s Assault Case to Federal Court
A federal judge’s ruling will determine whether the state can try the agent and could shape how far federal immunity protects officers from state criminal charges.
Overview
- Prosecutors filed a written opposition on Wednesday arguing that ICE agent Gregory Morgan’s February conduct on Highway 62 was personal road rage and not actions taken in the scope of federal duties.
- Morgan is charged with two counts of second-degree assault for allegedly pulling alongside another vehicle and pointing his duty weapon at two occupants during the Feb. 5 incident.
- Morgan’s attorneys have moved the case to federal court under the Supremacy Clause, saying he acted under color of office and that drawing his weapon was necessary to respond to a perceived threat.
- A federal judge can either deny removal and send the case back to Hennepin County or schedule a hearing to weigh whether Morgan’s actions were reasonably necessary and proper as federal duties.
- The dispute ties into scrutiny of ICE’s Operation Metro Surge and could affect whether state prosecutors can access evidence, hold federal agents criminally accountable, and shape public trust in oversight of immigration enforcement.