The Department of Homeland Security (DHS) has accused Minnesota officials of staging a political stunt regarding the prosecution of Gregory Morgan Jr., an Immigration and Customs Enforcement (ICE) agent charged with two counts of second-degree assault for allegedly pointing a handgun at motorists during a traffic incident. The incident occurred while Morgan was returning from a federal immigration enforcement operation in the Twin Cities.
Morgan's legal team, supported by federal officials, argues that he is protected under the Supremacy Clause of the U.S. Constitution, which allows federal law to take precedence over state law in certain situations. However, Minnesota prosecutors contend that Morgan's actions were not part of his official duties and therefore do not qualify for federal protection.
The case has escalated into a broader debate over the legal protections for federal officers, with Hennepin County prosecutors advocating for the case to remain in state court, while the federal government seeks to transfer it to federal court. The Department of Justice has filed a notice for a Senior Trial Attorney to represent the United States in this matter.
Prosecutors argue that Morgan's alleged conduct, which included driving on the highway shoulder and pointing a firearm at other motorists, was not justified by his role as an ICE agent. They assert that there was no job-related reason for his actions during the incident, which took place on February 5 on Highway 62. Morgan was released after posting $100,000 bail.
This case is part of a larger pattern of prosecutions related to Operation Metro Surge, with another ICE agent, Christian Castro, also facing charges for a separate incident involving an alleged shooting.