ICE Agent Charged with Pointing a Gun at Civilians in Minneapolis

What Happened?

State prosecutors in Minnesota have charged Immigration and Customs Enforcement (ICE) Agent Gregory Morgan, Jr. with two counts of second-degree assault for allegedly pointing a weapon at motorists in Minneapolis. There is currently a nationwide warrant for Mr. Morgan’s arrest.

According to prosecutors, on February 5, 2026, Mr. Morgan was allegedly driving on the shoulder of a highway, appearing to attempt to bypass slower traffic, when another vehicle moved into the shoulder to slow him down. He then ‘visibly slowed his vehicle, opened his window, and pointed his duty weapon directly at both victims in the other vehicle.’

Why it Matters

The case represents the first criminal charges brought against ICE for conduct which occurred during Operation Metro Surge, during which thousands of ICE agents deployed to Minneapolis. In the incident involving Mr. Morgan, both alleged victims told prosecutors they felt threatened and called 911 after they saw the gun being pointed at them. Metro Surge triggered nationwide protests and anger after ICE agents killed two American citizens in Minneapolis…

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In addition to the new criminal case, the current acting director of ICE announced he would be stepping down on May 31^st.  The former head of Operation Metro Surge also resigned, and Kristi Noem, a former official at the Department of Homeland Security (DHS), was fired by President Trump. The shakeups at ICE and DHS, along with the criminal charges against one of its agents, represent new low points for both federal agencies. 

Public trust in both organizations has reached an all-time low, and the new head of DHS, former U.S. Senator Markwayne Mullin, will have a difficult task ahead to rebuild that trust. The case against Mr. Morgan will likely reignite long-simmering debates over the scope of authority granted to federal agencies operating in the U.S. while ostensibly looking to apprehend people who are in the U.S. illegally. ICE agents do not have legal jurisdiction to arrest American citizens, but American citizens can be detained if they actively interfere with law enforcement activities.

Whether the incident involving Mr. Morgan involved any wrongdoing by him or the drivers of the other vehicle will have to be determined by a jury if the case goes to trial. Federal agents do not have blanket immunity under U.S. law, although law enforcement officers generally have been given a wide degree of latitude by the courts when it comes to them carrying out their official duties. Whether qualified immunity applies to ICE agents working in the U.S. is something that will likely be addressed during the trial or subsequent court proceedings. 

How it Affects You

The charges against Mr. Morgan will be another test for the court system to address the separation of powers between the federal and state governments. If he were to be found guilty and convicted, a presidential pardon could not be issued because the charges were brought by the state of Minnesota, not the federal government. 

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