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The Department of Homeland Security is accusing Minnesota officials of “politicking” as federal and state authorities debate whether an ICE agent accused of pointing a gun at drivers should be prosecuted in state or federal court.
The controversy centers on Gregory Morgan Jr., an Immigration and Customs Enforcement agent who is facing two counts of assault after prosecutors say he pointed a gun at drivers during a confrontation with traffic on their way back from an immigration enforcement mission in the Twin Cities.
Morgan’s lawyers, backed by federal officials, say he is protected under legal doctrines from the Supremacy Clause of the US Constitution, which establishes that federal law supersedes conflicting state laws. Courts have recognized that public officials, in certain circumstances, may be immune from federal prosecution for actions taken in the course of their official duties. But Minnesota prosecutors say those protections don’t apply here, arguing Morgan’s alleged conduct was outside of any legitimate law enforcement role.
The case has escalated into a wider battle over legal protections given to government officials. Hennepin County prosecutors want to keep the case in county court, while the federal government has joined Morgan’s effort to take it to federal court. Earlier this week, the Department of Justice filed a notice seeking Attorney General Paul Quast to appear on behalf of the United States in the case.
“These actions by Minnesota politicians are nothing more than a game,” a DHS spokesperson said in a statement. “States do not have the authority to charge a law enforcement officer while performing his or her official duty.”
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Protesters hold a large anti-ICE sign outside the Henry Bishop Whipple Federal building in Minneapolis, Minn., on Jan. 18, 2026, during protests against immigration enforcement dubbed “Operation Metro Surge.” (Jim Vondruska/Getty Images)
The statement came as Hennepin County District Attorney Mary Moriarty’s office urged a federal judge to deny Morgan’s request to appeal the case to Minnesota state court.
In filings filed this week, prosecutors argued that Morgan is trying to “turn his road rage incident — which he committed on a state highway against Minnesota victims — into an act of law enforcement.”
The filing, filed by the Hennepin County District Attorney’s Office and the Institute for Constitutional Advocacy and the Washington Litigation Group, argues that there is no reasonable connection between the alleged assault and Morgan’s responsibilities as an ICE agent.
According to prosecutors, Morgan’s authority to arrest and detain people suspected of violating immigration laws did not extend to dealing with motorists on Minnesota highways.
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Federal immigration agents fired tear gas during a house raid in Minneapolis, Minn., on Jan. 13, 2026, during a crackdown on undocumented immigrants under Operation Metro Surge. (Scott Olson/Getty Images)
“There is no evidence of any work-related circumstance that required the defendant to rush to his destination or drive on the highway to get there,” the document said. “It was the defendant’s decision to drive illegally on the shoulder to avoid high-speed traffic, and to draw and point his gun at the drivers who hit him on the road.”
Morgan’s attorney, Ryan Pacyga, filed a motion to dismiss last week, saying the alleged misconduct occurred while Morgan was working in law enforcement and that both he and his partner feared “imminent harm” during the encounter.
According to court records, Morgan was returning to the Whipple Federal Building at Fort Snelling on Feb. 5 after participating in Operation Metro Surge when the incident occurred on Highway 62 near the Interstate 35W interchange.
Prosecutors say Morgan and another ICE agent were driving on the highway during rush hour when a Cadillac pulled up and stopped them. Authorities say Morgan then pulled up next to the car, pulled a gun and pointed it at the occupants.
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One of the drivers called 911 and reported that a man was pointing a Glock in his face, and the passengers told investigators they feared for their safety. Morgan was charged with two counts of aggravated assault and was released after posting $100,000 bail.
Morgan’s case is not the only prosecution stemming from Operation Metro Surge.
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Moriarty’s office later charged another ICE agent, Christian Castro, with multiple counts of assault in connection with the alleged shooting of Julio Sosa-Celis, an incident that sparked protests in north Minneapolis.
Fox News Digital has reached out to the Justice Department, Moriarty’s office and Pacyga for comment.
