DHS pushes back on Minnesota lawsuit over Metro Surge shootings

By Elyse Apel
The Center Square

The U.S. Department of Homeland Security is defending federal agents’ actions in three Minnesota shootings while pushing back on claims of “unprecedented noncooperation” raised in a lawsuit filed by the state.

Minnesota sued the U.S. Department of Justice and DHS on Tuesday, arguing the agencies have refused to turn over evidence tied to the January deaths of Renee Good and Alex Pretti, as well as the shooting of Julio Sosa-Celis.

“The State of Minnesota has the authority and responsibility to protect against and address violence within its borders, including by prosecuting homicides, attempted homicides, and assaults,” the lawsuit states, arguing that access to federal evidence is central to that responsibility. “At stake is not only Plaintiffs’ access to evidence central to these shootings but also a fundamental principle of our constitutional system: that the States retain the sovereign authority—and responsibility—to investigate crimes committed within their borders.”

The lawsuit, led by Minnesota Attorney General Keith Ellison alongside Hennepin County Attorney Mary Moriarty and Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans, asks a federal court to compel the federal government to release the evidence. In addition to the DOJ and DHS, it also names U.S. Attorney General Pam Bondi and former Secretary of the U.S. DHS Kristi Noem as defendants.

In response, a DHS spokesperson told The Center Square that all use-of-force incidents involving Immigration and Customs Enforcement are reviewed under strict agency protocols.

“Every use of force incident and any discharge of an ICE firearm must be properly reported and reviewed by the agency in accordance with agency policy, procedure, and guidelines,” the spokesperson said. “All shootings are initially reviewed by an appropriate law enforcement agency. Following a review of the incident by the appropriate investigative agency, ICE and CBP conduct an independent review of the critical incident.”

The shootings occurred during a period of heightened federal enforcement in the Twin Cities under Operation Metro Surge, which brought thousands of agents to the area and led to sustained public protests, particularly after the January deaths of Good and Pretti.

DHS pointed to released footage of Good’s shooting, saying it supports the agency’s account that the officer acted in self-defense.

“The released footage corroborates what DHS has stated all along—that this individual was impeding law enforcement and weaponized her vehicle in an attempt to kill or cause bodily harm to federal law enforcement,” the spokesperson said. “The officer was in fear of his own life, the lives of his fellow officers and acted in self-defense.”

DHS added that Good had been “stalking, harassing and impeding law enforcement” throughout the morning, ignored repeated commands to stop and exit her vehicle, and then struck a federal officer.

“She then proceeded to weaponize her vehicle, a deadly weapon, and hit a federal law enforcement officer,” the agency said, adding that the officer fired “fearing for his life, the lives of his fellow law enforcement, and the safety of the public.” DHS emphasized that “peaceful protest is a sacred First Amendment right” but said “this was not that.”

Regarding the shooting of Pretti, DHS said the FBI is leading the investigation with Homeland Security Investigations assisting, while U.S. Customs and Border Protection is conducting a separate internal review.

In the case of Sosa-Celis, however, DHS acknowledged potential misconduct, saying a joint review by ICE and the Department of Justice found that sworn testimony from two officers “appears to have made untruthful statements.”

Both officers were placed on administrative leave pending the outcome of an investigation by the U.S. Attorney’s Office, and could face termination or criminal prosecution.

“Lying under oath is a serious federal offense,” DHS said. “The men and women of ICE are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct. Violations of this sacred sworn oath will not be tolerated.”

Ellison said the lawsuit is necessary to ensure accountability and access to evidence.

“I’m suing the federal government for access to evidence in the shootings of Renee Good, Alex Pretti, and Julio Sosa-Celis,” Ellison said. “It’s astonishing this lawsuit is even necessary, but in Minnesota, nobody is above the law.”

The lawsuit argues that cooperation between federal and state authorities is not optional, pushing for the release of more information by the federal government.

“Cooperation is not merely customary,” the lawsuit states. “It reflects the basic structure of American federalism.”

DHS said all three cases remain under investigation.