(The Center Square) – Minnesota prosecutors have filed criminal charges against a federal immigration agent for his actions during Operation Metro Surge.
This comes as the state is pursuing more than a dozen additional investigations as part of Minnesota’s effort to scrutinize federal law enforcement.
The Hennepin County Attorney’s Office announced last week that an Immigration and Customs Enforcement agent, Gregory Donnell Morgan Jr., has been charged with two counts of second-degree assault stemming from a February highway incident.
A nationwide warrant has been issued for his arrest.
According to prosecutors, on Feb. 5 Morgan was driving illegally on the shoulder of eastbound Highway 62 near the Portland Avenue exit in an unmarked rental SUV.
After a nearby driver briefly moved onto the shoulder, apparently to slow him down, Morgan allegedly accelerated, pulled alongside the vehicle, and pointed his duty weapon directly at the two inside, while continuing to drive on the shoulder.
County Attorney Mary Moriarty said the case represents a “milestone” in broader efforts to review federal agent conduct tied to Operation Metro Surge.
“Today’s charges reflect an important milestone in our efforts to seek accountability for the harms inflicted on community,” Moriarty said.
She added that the investigation timeline was shorter than other cases because the Minnesota State Patrol was able to conduct its work “without obstruction or interference.”
The charges come as Moriarty’s office is investigating more than a dozen additional incidents involving federal agents during Operation Metro Surge.
In March, Moriarty announced the launch of a public portal seeking photos and videos to help identify potentially unlawful behavior. Her office is currently reviewing at least 17 cases, including an incident in which Border Patrol official Greg Bovino allegedly threw a smoke canister at protesters.
Bovino was later relieved of his role in the Twin Cities operation.
“There are many victims whose stories need to be told. We will investigate and pursue charges where appropriate,” Moriarty said in March. “If you saw or experienced unlawful conduct by federal agents, please submit any photo or video evidence.”
A spokesperson for the U.S. Department of Homeland Security previously told The Center Square that such investigations are unwarranted and argued that federal agents are protected when acting within the scope of their duties.
“This does nothing to make Minnesota safer. Enforcing federal immigration laws is a clear federal responsibility under Article I, Article II and the Supremacy Clause,” the spokesperson said. “Federal officials acting in the course of their duties are immune from liability under state law.”
Moriarty has rejected that argument, saying her office will pursue charges where appropriate and is prepared for potential legal challenges.
“We will investigate and pursue charging where appropriate, and we’ll seek collaboration with local law enforcement wherever and whenever needed,” she said. “Make no mistake, we are not afraid of any legal fight.”
Tensions between state and federal officials are also playing out in court.
In late March, Minnesota filed a lawsuit against the U.S. Department of Justice and DHS, accusing the agencies of refusing to turn over key evidence tied to three high-profile shootings during the operation—the deaths of Renee Good and Alex Pretti, and the shooting of Julio Sosa-Celis.
The lawsuit, led by Attorney General Keith Ellison alongside Moriarty and Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans, argued that the state has both the authority and responsibility to investigate violent incidents within its borders.
“At stake is not only Plaintiffs’ access to evidence central to these shootings but also a fundamental principle of our constitutional system,” the filing stated.
DHS has defended the actions of its agents, saying all use-of-force incidents are reviewed under strict protocols and, in some cases, by outside agencies such as the FBI.
Operation Metro Surge brought thousands of federal agents to the Twin Cities earlier this year and sparked sustained protests, particularly following the January shootings.
While the operation has officially ended, immigration enforcement activity continues across Minnesota.
Federal officials, including White House border czar Tom Homan, have defended the effort, saying agents apprehended more than 4,000 individuals, including violent offenders and gang members.
Moriarty doubled down on her efforts to prosecute federal agents in the announcement charges against Morgan last week.
“Our work continues on all fronts, from the killings of Ms. Good and Mr. Pretti, to the shooting of Mr. Sosa-Celis, to the incidents being investigated by our Transparency and Accountability Project,” Moriarty said. “We will not rest until we get the answers we seek about federal agent conduct across Hennepin County and accountability is delivered wherever appropriate.”
