Minneapolis, Minnesota — A divided federal appeals court has temporarily blocked a district court injunction that limited how federal immigration agents could operate during protests against enforcement actions in the Twin Cities, finding the order was likely unlawful and overly broad.
In an unsigned opinion joined by Judges Bobby Shepherd and David Stras, the U.S. Court of Appeals for the Eighth Circuit stayed a preliminary injunction that had restricted federal agents from allegedly retaliating against peaceful protesters or stopping vehicles without reasonable suspicion. The lawsuit was brought by six individuals who said they observed and protested “Operation Metro Surge,” a federal immigration enforcement effort, and sought relief on behalf of a broad group of future protesters and observers.
The majority concluded the injunction functioned as a de facto universal injunction applied to an uncertified class, something the Supreme Court sharply limited in recent rulings. The judges also said the order was impermissibly vague, amounting to little more than a directive for agents to “obey the law,” which prior precedent has repeatedly rejected. Reviewing video evidence cited by the district court, the panel said protest activity varied widely and could not be resolved with a single, class-wide legal ruling.
Judge Raymond Gruender concurred in part but dissented on two points, arguing Supreme Court precedent allows temporary class-wide relief before certification and that the ban on using pepper spray against peaceful protesters was sufficiently clear.
The stay remains in effect while the appeal proceeds, with the court emphasizing that hesitation by federal agents could harm both enforcement efforts and the public interest.
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