ACLU Statement on Appeals Court Refusing to Protect People Documenting ICE Abuses in Minnesota

MINNEAPOLIS — Today, over the partial dissent of one of its members, the Court of Appeals for the Eighth Circuit refused to reinstate a lower court ruling that protects people documenting, recording, and protesting Immigration and Customs Enforcement (ICE) abuses in Minnesota from government retaliation.

Following federal immigration agents pepper spraying, shooting, and ultimately killing Alex Pretti in South Minneapolis on Saturday, the ACLU of Minnesota and its partners filed an emergency motion — as well as harrowing eyewitness testimony — with the appeals court, urging them to lift the administrative stay in Tincher v. Noem.

Tincher v. Noem was initially filed by the ACLU of Minnesota and pro bono partners on Dec. 17 on behalf of six Minnesota residents whose constitutional rights were violated by ICE and other federal agents. Since December, agents have harassed, intimidated, detained, and physically harmed Minnesotans exercising their First Amendment rights to assemble and to document and protest federal agents’ immigration enforcement activities in the streets. Community members describe being followed to their homes; pepper sprayed at point blank range; arrested while standing on public sidewalks; and assaulted for documenting and protesting ICE activity in their city.

The following is a statement from Deepinder Mayell, executive director of ACLU of Minnesota:

“As federal agents claim they can act with impunity and kill people in our streets, this ruling is incredibly disappointing. But, we’ll be clear: Minnesotans have the right to safely assemble, document, and protest federal immigration agents actions in our communities and we will continue to work to ensure all Minnesotans are able to exercise those rights without fear of being harmed by ICE or any other government actor.”