In a statement announcing the initiative, Moriarty said her office is “actively investigating 17 incidents” reported by community members, including actions involving Border Patrol official Gregory Kent Bovino near Mueller Park on Jan. 21. Details about the project and its scope were released by the Hennepin County Attorney’s Office.
The county’s move comes after months of public clashes and scrutiny surrounding Operation Metro Surge, a federal immigration enforcement surge that began in early December and has drawn repeated legal challenges, protests and allegations of excessive force. Reuters reported that the Department of Homeland Security responded by arguing that state-level investigations of federal officers “does nothing to make Minnesota safer” and that federal officials acting in the course of their duties are protected from liability under state law.
Operation Metro Surge evidence portal: what the probe will collect and review
Residents can submit material from any point during the operation, including photos, video and written descriptions, through the county’s TAP evidence portal. Moriarty said the process is meant to make it easier for people who fear retaliation or don’t want to speak publicly to share what they saw; CBS News Minnesota reported that Moriarty described the portal as a safer route for victims and witnesses to come forward.
The county attorney’s office said the earlier portal it created to collect evidence related to the fatal shootings of Renee Good and Alex Pretti has been closed. CBS News Minnesota reported that Moriarty said her office received more than 1,000 submissions through that earlier portal before ending it.
Moriarty cautioned that potential cases involving federal officers can take longer than typical charging decisions because prosecutors may need to litigate legal challenges before filing any state charges. “Make no mistake, we are not afraid of any legal fight,” Moriarty said in the county attorney’s announcement, adding that the work would be pursued “ethically, responsibly, and vigorously.”
Examples cited publicly so far
While the county attorney’s office has not released a full list of the 17 incidents, Moriarty and outside reporting have pointed to several flashpoints. The Associated Press reported that the inquiry includes an allegation that Bovino threw a smoke canister at protesters on Jan. 21, as well as an early-January incident in which federal officers made an arrest near a high school and deployed chemical irritants while students and staff were nearby.
In the same reporting, University of St. Thomas School of Law professor Rachel Moran said potential state-level crimes could include assault or property damage in scenarios where force or chemical agents were used outside the scope of authorized duties.
Why the legal fight could be as important as the evidence
Even if local prosecutors conclude a crime occurred, bringing charges against federal officers can involve complex questions about federal authority and legal protections. Moriarty has argued publicly that there is no blanket immunity that automatically shields federal agents from accountability when conduct is unlawful, a point also highlighted in national coverage of the new probe.
The Department of Homeland Security has pushed back, saying immigration enforcement is a federal responsibility and arguing that states cannot prosecute federal officers for actions taken in the course of their duties, according to the Associated Press.
How this investigation fits into the wider Operation Metro Surge conflict
The new portal and probe follow a series of high-profile confrontations during the surge. On Jan. 7, federal immigration enforcement in Minneapolis drew national attention after the fatal shooting of 37-year-old Renee Nicole Good, as detailed in a Reuters report that described sharply different state and federal accounts and noted Minnesota investigators said they were shut out of key evidence.
Days later, Minnesota Attorney General Keith Ellison and the cities of Minneapolis and St. Paul filed a federal lawsuit seeking to halt the surge, alleging constitutional and statutory violations. The state attorney general’s office outlined those claims and the requested relief in a Jan. 12 news release.
Later in January, scrutiny intensified again after the killing of Alex Pretti, a 37-year-old ICU nurse, during a protest. A subsequent federal review shared with lawmakers made no mention of Pretti brandishing a firearm, according to a separate Reuters report that said video evidence showed the weapon was holstered before the shooting.
With the evidence portal now open, Moriarty’s office says the next phase will depend on what the public submits and how quickly prosecutors can obtain records and cooperation from federal agencies. Moriarty has said her office is prepared to take legal action to obtain evidence if necessary, while federal officials maintain that local prosecutions of federal agents are barred in many circumstances.
