WASHINGTON — The nation’s main agency for handling disaster response and recovery is shuttered for the third time in recent months and its workers are on the verge of missing paychecks, as members of Congress and the White House remain divided in a separate dispute over immigration enforcement.

Lawmakers are raising questions about how the ongoing shutdown of the Department of Homeland Security is affecting the Federal Emergency Management Agency, which is housed within DHS. FEMA already lacks a permanent administrator and has been under threat of a major overhaul by President Donald Trump. 

The agency is no stranger to shutdowns and keeps much of its workforce going without pay during a funding lapse, though several programs are paused until Congress approves a spending bill. 

The longer the shutdown lasts, the more likely it is to have repercussions on FEMA’s staff, especially when thousands of its employees miss their first paycheck Friday. 

Alabama Republican Sen. Katie Britt, chairwoman of the Homeland Security Appropriations Subcommittee, said she hopes that missed income will increase pressure on Democrats to strike a deal on the last remaining government funding bill for fiscal 2026.

“You think about the winter storm the South went through. Now you think of the winter storm that we just had. We clearly need this to be functioning and working,” Britt said. 

Connecticut Democratic Sen. Chris Murphy, ranking member of the Homeland Security Appropriations Subcommittee, said he doesn’t believe the Trump administration is “serious” about finding bipartisan agreement on guardrails for immigration enforcement. 

“We’ve sent them multiple compromises. They barely respond,” Murphy said. “I think it feels like they want the shutdown to continue, because they are prioritizing continuing their lawlessness at ICE.”

Minneapolis shootings 

Democrats held up DHS funding after federal immigration agents shot and killed Alex Pretti in late January during a surge in Minnesota, just weeks after different immigration officers shot and killed Renee Good. Both were U.S. citizens. 

Democratic leaders have detailed several changes they want to make to immigration enforcement operations, including a requirement that agents wear body cameras and do not wear masks. 

Republicans have said they’re willing to negotiate with Democrats on some of those issues, but have requests of their own, including that cities and states that don’t cooperate with federal immigration agencies do so.

The two parties were unable to broker an agreement before stopgap funding for the Department of Homeland Security expired, plunging all of its agencies into another shutdown that’s dragged on since Feb. 14. 

This marks the third funding lapse for DHS this fiscal year. The first, which affected large swaths of the federal government, lasted 43 days and ended in mid-November. The second shutdown was partial since some of the full-year spending bills had become law. It lasted about four days, ending Feb. 3.

DHS’s contingency plan says about 20,975 of FEMA’s roughly 24,925 employees will keep working during the funding lapse. 

In general, any federal employee tasked with the protection of life or property keeps working during a shutdown, while those assigned to other programs are supposed to be sent home. Neither category receives paychecks until Congress and the administration come to some sort of funding deal. 

FEMA’s disaster relief fund is somewhat unique among federal programs since Congress has granted it the authority to deficit spend; it cannot run out of money, even during a shutdown. 

A report from the nonpartisan Congressional Research Service notes that FEMA’s non-disaster grant and training programs tend to halt during a shutdown, possibly leading to “delays in awards, possible delays in grant drawdowns, and deferral or cancellation of training and exercises that support state and local preparedness.”

Staffing is also an ongoing issue for FEMA, not just during shutdowns but in general, according to a report from the Government Accountability Office, a congressional watchdog. 

“Recent FEMA workforce reductions may reduce how effective a federal response could be in future high-impact disasters,” it states.

FEMA didn’t respond to multiple requests for comment from States Newsroom to share exactly how the shutdown has impacted the agency and provide a list of which programs are running during the funding lapse and which are on hold.  

Noem criticism

Senate Appropriations Chairwoman Susan Collins, R-Maine., said she’s apprehensive about how the shutdown has affected several agencies housed within Homeland Security. 

“My concerns are that FEMA, the Coast Guard and TSA are all bearing the brunt of this shutdown, which is why it is vital that we get an agreement and get one fast,” Collins said, referring to the Transportation Security Administration, which protects the nation’s transportation systems.

Senate Appropriations ranking member Patty Murray, D-Wash., said there were issues with how DHS Secretary Kristi Noem was managing FEMA before the shutdown began. 

“Well, let’s be clear that Noem hasn’t been good about sending out any FEMA emergency grants anyway,” Murray said. “So I’m always concerned about how she operates her agency.”

Trump has spoken repeatedly about overhauling or even doing away with FEMA and established a review council to provide him with suggestions, though they missed their deadline last year and have yet to release their report. 

Trump also hasn’t nominated anyone to lead FEMA during his second term in the White House, opting instead to use a series of people to temporarily run the agency who didn’t need to go through the Senate confirmation process. 

Cam Hamilton, one of those FEMA leaders, said on a podcast released in mid-February there was “so much political volatility” during his time working at the agency, in part, because of Noem. 

“The talking points were not coherent. I will say that my former boss was not as elaborate and sophisticated in team building,” he said. “So there was not an easy time understanding, what is the message, what is the platform.”

Hamilton worked as the senior official performing the duties of the administrator at FEMA until he was ousted in May after he testified before Congress he personally did “not believe it is in the best interest of the American people to eliminate the Federal Emergency Management Agency.”

‘We’ve had all this snow’

West Virginia Sen. Shelley Moore Capito, a senior appropriator and Republican Policy Committee chair, said she’s not happy with the FEMA shutdown. 

“I’m not comfortable with what’s shut down at FEMA, and it should put pressure on the Democrats to push this through,” Capito said. “We’ve had all this snow, we’re going to have other disasters, and we rely on FEMA a lot in our state.”

Michigan Democratic Sen. Gary Peters, ranking member on the Homeland Security and Governmental Affairs Committee, said there is money available for disaster relief but that he’s concerned “whether or not people are going to be there to be administering” it.

Peters said he believes leaders at DHS, including Noem, are trying to make the shutdown more problematic than necessary.

“I think she’s trying to create pain,” Peters said. “She’s trying to create pain as opposed to trying to put in safeguards for ICE. It’s really pretty outrageous what she’s doing.”

Despite immigration detention numbers receding from recent highs and even as conservative judges are opting to release more detainees by rejecting President Donald Trump’s mass detention policy, tools for detainees to seek release or appeal cases are disappearing. 

A proposed federal rule will make it harder to appeal immigration cases nationally. And a federal appeals court ruling stops immigrants from requesting release on legal grounds in three Southern states if they entered the country illegally, no matter how long they’ve been here. 

As of late January, there were 70,766 people in immigration detention, up from about 40,000 at the start of the second Trump administration, with about 74% having no criminal convictions. (The number of detainees declined to 68,289 as of Feb. 7 amid increasing releases of immigration prisoners by federal judges, even many appointed by the Trump administration.)

This month’s court ruling in the U.S. 5th Circuit Court of Appeals, which affects immigrants held in Louisiana, Mississippi and Texas, is a victory for a new Immigration and Customs Enforcement policy set last July. It requires detention without bond for many immigrants who arrived at the border without permission, even if they had been paroled with a court date. 

It comes as habeas petitions from people claiming illegal detention skyrocket — from a few dozen a week in early 2025 to thousands a week recently, according to a ProPublica report. The largest numbers of cases are in Texas, California, Minnesota, Florida and Georgia. 

Rekha Sharma-Crawford, an immigration attorney in Missouri and second vice president of the American Immigration Lawyers Association, said she believes hundreds of other federal judges disagree with the Feb. 6 appeals court order. 

‘Mandatory detention’

The ruling found that a landmark Clinton-era immigration law, called The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), “unambiguously provides for mandatory detention” for people who crossed the border illegally. 

A dissenting judge, Dana Douglas, wrote that drafters of that law ”would be surprised to learn it had also required the detention without bond of two million people. For almost thirty years there was no sign anyone thought it had done so.” 

Sharma-Crawford said the ruling would likely be challenged, but that it may be too late for people who may give up under the stress of detention, and agree to deportation. 

“I have a client in detention who’s been here [in the United States] 30 years, no criminal history, and has a family,” Sharma-Crawford said in an interview. “In the past the individual would be eligible for a bond hearing and be able to fight their immigration case in due course. These people are not accustomed to being in jail.”  

Homeland Security Secretary Kristi Noem praised the court decision on social media, saying “activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law” and said the ruling proved the administration “was right all along.”

Another obstacle for detainees

Similarly, a new rule on the federal Board of Immigration Appeals makes it harder for immigrants to appeal cases like denial of asylum in immigration court.   

Open for comment until it takes effect March 9, the rule shrinks the deadline to appeal a decision to 10 days from 30 days, and the board will automatically deny a case unless a majority of the board votes to hear it.

Immigration attorney Raul Natera of Fort Worth, Texas, who posted a comment critical of the proposed rule, told Stateline it would be a “flat-out assault on due process,” because the Department of Justice could appoint board members who will not vote to hear appeals. Last year the Trump administration fired board members who had been appointed during the Biden administration. 

“Judges can make wrong decisions. If we do not ensure that those decisions can be reviewed, then there is no point to the judicial system in this country,” Natera said.

The Department of Justice argues in its proposed rule that denying appeals in most cases will speed up the process and clear a backlog of immigration cases.

Others disagree. The new rule will increase strain on courts if immigrants can no longer appeal to the Board of Immigration Appeals and instead must file more lawsuits with appeals courts, said Kathleen Bush-Joseph, a lawyer and policy analyst at the non-partisan Migration Policy Institute.

“The federal courts are already buckling under the weight of all these habeas petitions [alleging illegal detention],” Bush-Joseph said. “It’s a huge lift to be litigating all this.”

Sharma-Crawford called both measures a “numbers game” to get deportation numbers up before court challenges can make a difference. 

“All these things don’t happen quickly, and people will suffer while litigation is ongoing,” she said. “How much travesty and injustice is going to occur while the courts grapple with the legality of what the administration is doing?”

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

The U.S. Department of Justice, citing evidence inconsistent with its earlier allegations, dropped felony charges against two men accused of assaulting a U.S. Immigration and Customs Enforcement agent before the agent shot one of the men in the leg.

U.S. Attorney Daniel Rosen wrote in a brief Thursday filing that “newly discovered evidence” was found to be “materially inconsistent” with the government’s allegations against Alfredo Aljorna, 26, and Julio Sosa-Celis, 24, about the Jan. 14 shooting in north Minneapolis. The case was dismissed Friday by a district court judge.

Rosen filed a motion for the case to be dismissed with prejudice, meaning that the government will not be able to press the same charges against the men again.

The federal government has significantly shifted the details of what happened since the shooting on Jan. 14. The federal Homeland Security narrative in the immediate aftermath of the shooting incorrectly identified Sosa-Celis as the driver of the car and a subject of a “targeted traffic stop.” The complaint later indicated that the officers mistook Aljorna, who was driving the car, for another Latino man uninvolved in the incident.

At the time of the shooting, Homeland Security Secretary Kristi Noem described the incident as an “attempted murder of federal law enforcement.” Similarly, Noem and other Trump administration officials accused Renee Good and Alex Pretti — also killed by federal officers — as domestic terrorists, though evidence for the allegations never surfaced. Rosen, who was nominated by President Trump to be U.S. attorney in Minnesota, leads an office facing a staff exodus after an ICE officer shot and killed Good last month — at least 14 federal prosecutors have resigned, reportedly in part due to disgust over senior DOJ officials’ handling of the investigation.

Rosen didn’t detail the newly discovered evidence, but noted that the allegations in the complaint were “based on information” presented to FBI agent Timothy G. Schanz, who had said in a sworn affidavit that the ICE agent said that Sosa-Celis and Aljorna repeatedly hit him with a broom and a snow shovel. The ICE agent told the FBI that he then “simultaneously fired” one round towards the men as they began to run toward the house.

Schanz’s affidavit said that law enforcement on the scene were unable to find any bullet holes in the house, though at a hearing, Sosa-Celis’ attorney showed photographs depicting bullet holes through the front door of the duplex and in an interior wall, the Star Tribune reported.

Both men have denied the agent’s account, maintaining that they didn’t attack the ICE agent and that the agent shot Sosa-Celis in the leg through the closed door of their duplex.

The details that have not been disputed by the men or the ICE agent: The agent had shot Sosa-Celis in the leg on Jan. 14 following a car chase and scuffle with Aljorna; ICE agents began the chase when they mistook Aljorna for someone else they were targeting. The shooting happened on the 600 block of 24th Avenue North in north Minneapolis, at a duplex where the two men, both Venezuelan nationals, lived with their partners.

Sosa-Celis’ attorney previously told the Star Tribune that he learned that the officer who shot Sosa-Celis is under investigation for unreasonable use of force.

The two men were released from detention by a judge on Feb. 4 and immediately re-detained by ICE, who took them back to Sherburne County jail, attorney Brian Clark said at the time.

The incident drew over 100 protestors to the scene after the news of the shooting quickly spread. Federal agents deployed tear gas and flash bangs and at least two people were detained by federal agents after someone threw fireworks at the agents; at least two vehicles believed to be used by federal officers were vandalized. At least six people have been arrested and charged for stealing from and vandalizing the federal vehicles, the Star Tribune reported.

WASHINGTON — Members of Congress on Thursday sought a ruling from a federal judge to block yet another Department of Homeland Security policy that required a notice for lawmakers to conduct oversight visits to immigration detention facilities.

The policy is the third from DHS Secretary Kristi Noem on the subject, and it is nearly identical to the previous two. 

Noem’s policies put in place a new requirement that members of Congress must give DHS seven days notice before conducting an oversight visit at a facility that holds immigrants, despite a 2019 appropriations law that allows for unannounced visits by lawmakers. 

On Feb. 2, U.S. District Judge Jia Cobb blocked a seven-day notification policy ordered by Noem one day after the deadly shooting of Renee Good by a federal immigration officer in Minneapolis on Jan. 7. 

On the same day as Cobb’s ruling, Noem issued a nearly identical policy, after Democrats said they would refuse to approve new DHS funding unless changes in enforcement tactics were made following a second deadly shooting of Alex Pretti by two Customs and Border Protection officers.

With disagreement between both parties, and Thursday’s failed vote to move forward on funding the Homeland Security bill for fiscal year 2026, the agency will be shut down beginning early Saturday. 

However, even if DHS is shut down, Immigration and Customs Enforcement still has $75 billion in funding due to the tax cuts and spending package signed into law last year.

Agency shutting down

Department of Justice attorneys on Thursday argued because DHS will be shut down, the appropriations law will expire by the end of the week and therefore the unannounced oversight provision for members of Congress will no longer be in effect.

An attorney for the members of Congress, Christine L. Coogle, rejected that argument and said just because the funds expire does not mean the law, which is a rider in the Homeland Security funding bill, does as well. 

“The law itself does not expire,” she said. “And so the oversight rider remains on the books.” 

Cobb said she would extend her temporary restraining order until March 2, or until she rules, whichever comes first.

Visits denied

Under a 2019 appropriations law, any member of Congress can carry out an unannounced visit to a federal facility that holds immigrants, referred to as Section 527. But in June, multiple Democrats were denied visits to ICE facilities, so they sued. 

“What we’re really seeking here is a return to the status quo,” Coogle said in court Thursday. 

In December, Cobb granted the request to stay Noem’s policy, finding it violated the 2019 law. 

But in the second policy Noem issued on Jan. 8, she argued because the ICE facilities are using funds through the Republican spending and tax cuts law, known as the “One, Big Beautiful Bill,” and not the DHS appropriations bill, those facilities are therefore exempt from unannounced oversight visits by members of Congress. 

Cobb earlier this month, rejected that argument from the Trump administration and temporarily blocked the policy for the plaintiffs in the case. 

The House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

WASHINGTON — The head of U.S. Immigration and Customs Enforcement declined during a U.S. House hearing Tuesday to apologize to the families of Alex Pretti and Renee Good, the victims of fatal shootings by immigration officers in Minneapolis last month.

Top Trump administration officials, including Homeland Security Secretary Kristi Noem, had said both Minneapolis residents engaged in “domestic terrorism.” Good was a poet and mother of three and Pretti was an intensive care unit nurse. 

ICE acting Director Todd Lyons demurred when asked by California Democrat Eric Swalwell if he would apologize for that characterization. 

“I’m not going to speak to any ongoing investigation,” Lyons said.

Lawmakers on the U.S. House Homeland Security Committee grilled Lyons, Customs and Border Protection Commissioner Rodney Scott and U.S. Citizenship and Immigration Services Director Joseph Edlow during Tuesday’s hearing, following the fatal shootings of Good on Jan. 7 and Pretti on Jan. 24. The deportation campaign in Minneapolis began more than two months ago.

Following the shootings, Democrats have pushed for policy changes to the appropriations bill that funds the agency for fiscal year 2026, scrambling a bipartisan agreement on the measure. 

If lawmakers don’t reach a deal by Friday, funding for much of DHS will run out. Funding for immigration enforcement will remain due to provisions in Republicans’ tax cuts and spending law last year.

Scott called the thousands of protestors and legal observers in Minnesota “paid agitators.” There is no evidence of that. 

Noem, who Democrats are pushing to impeach, was not at the hearing. 

The chair of the committee, Rep. Andrew Garbarino of New York, acknowledged that the country was at an “inflection point” and called the deaths of Good and Pretti “unacceptable and preventable.”

But he otherwise largely defended federal immigration officials and the Trump administration’s enforcement tactics. 

The top Democrat on the committee, Bennie Thompson of Mississippi, said the Trump administration was weaponizing DHS against Americans. 

Body cameras, masks and roving patrols

Democrats questioned Scott and Lyons on a handful of policy proposals that Democrats are pushing for in the DHS appropriations bill.

The Democrats’ proposals include mandating body cameras for immigration agents and requiring those officers to identify themselves and not wear masks.

Thompson asked Lyons how many body cameras ICE officers have. Noem earlier this month announced DHS would be sending body cameras to all ICE officers across the country. 

Lyons said about 3,000 ICE officers currently have body cameras with another 6,000 cameras on the way.

Scott said that about 10,000 Border Patrol agents have body cameras out of 20,000 agents. 

Democratic Rep. Tim Kennedy of New York asked Lyons if he would commit to instructing ICE agents to stop wearing face coverings and masks in enforcement actions. 

“No,” Lyons said. 

Kennedy then asked Lyons if he believed Noem should resign, given the deadly shootings of Good and Pretti. 

“I’m not going to comment on that,” Lyons said. 

GOP Rep. Michael McCaul, a former chair of the committee who is retiring next year, said some of the roving patrols should be kept at the southern border, rather than in residential areas. 

“I’ve called for de-escalation after the two deaths, the two shootings that took place,” McCaul said. “I believe that these roving patrols should be done at the border rather than in the major cities of the United States.”

Democrats are also calling for an end to those roving patrols in enforcement in the interior of the U.S.  

McCaul added that federal immigration agents “are not trained to effectuate crowd control.”

“They are trained to move in surgically, go in and remove these dangerous, violent criminals from the United States of America,” he said.

Judgment day, Klan invoked 

The hearing had a few heated exchanges between Democrats and the administration officials.

New Jersey Democratic Rep. LaMonica McIver, who is facing federal charges after a clash with immigration officers at a detention facility in Newark where she tried to conduct an unannounced oversight visit, asked Lyons if he considered himself a religious person. 

Lyons said he did and McIver asked him how he thought “judgment day would work for you with so much blood on your hands.”

“I’m not going to entertain the question,” Lyons said.

She asked Lyons if he thought he was “going to hell.”

Garbarino quickly shut down her line of questioning. 

Democratic Rep. Delia Ramirez of Illinois criticized the officials before her, and called for ICE to be abolished.

“I have as much respect for you as I do for the last white men who put on masks to terrorize communities of color. I have no respect for the inheritors of the Klanhood and the slave patrol,” she said. “Those activities were criminal and so are yours.”

Rep. Delia Ramirez, D-Ill., a member of the U.S. House Subcommittee on Border Security and Enforcement and of the Congressional Hispanic Caucus, speaks outside of U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — Dozens of U.S. House Democrats and leaders of several caucuses rallied on a chilly Tuesday morning outside U.S. Immigration and Customs Enforcement headquarters in the nation’s capital, demanding the resignation, firing or impeachment of Homeland Security Secretary Kristi Noem.

Democrats criticized Noem for the monthslong immigration operation in Minnesota in which federal immigration agents killed two U.S. citizens — 37-year-old Renee Good, a poet and mother of three, on Jan. 7, and 37-year-old Alex Pretti, an intensive care unit nurse, on Jan. 24. 

They blamed Noem for aggressive tactics used by ICE and other federal immigration agents in Customs and Border Protection and criticized the use of warrantless arrests as well as the presence of officers who are masked and unidentifiable. Such practices, as well as the deadly shootings, led to a partial government shutdown as lawmakers negotiate new constraints on immigration enforcement for the Homeland Security funding bill. 

Democratic Rep. Robin Kelly, who represents parts of Chicago where aggressive immigration enforcement occurred late last year, said more than 180 lawmakers have co-sponsored her articles of impeachment against Noem.  

“Kristi Noem brought a reign of terror to cities across the country,” Kelly said. “Everywhere they go, ICE causes death and destruction. She seems to get her kicks and giggles out of tearing families apart.”

Kelly said if Noem does not step down, Democrats will move forward with impeachment proceedings, which will likely only occur if Democrats flip the GOP-controlled House in the November midterm elections. 

The Department of Homeland Security did not respond to States Newsroom’s request for comment.  Noem is a former Republican member of the House from South Dakota.

Unannounced visits

Democrats also slammed Noem’s attempts to block members of Congress from conducting unannounced oversight visits at detention centers that are permitted under a 2019 appropriations law.

A federal judge earlier this week placed a temporary bar on a second policy from Noem that required a seven-day notice for lawmakers to conduct oversight visits. 

“We’re gonna be able to exercise our oversight responsibilities and duties without any impairment or pushback from ICE or the Secretary (Noem),” said Adriano Espaillat, chair of the Congressional Hispanic Caucus.

Most recent DHS data shows that there are more than 70,000 people in ICE detention custody across the country. It’s nearly double the number of people detained during the last fiscal year of the Biden administration, when nearly 40,000 people were in ICE detention when Biden left office in January 2025.

Other Democratic caucus leaders rallying outside ICE headquarters included the second vice chair of the Congressional Black Caucus, Lucy McBath of Georgia; the chair of the Congressional Asian Pacific American Caucus, Grace Meng of New York; the chair of the Democratic Women’s Caucus, Teresa Leger Fernández of New Mexico; and the chair of the Congressional Progressive Caucus, Greg Casar of Texas. 

The Progressive Caucus has vowed to oppose any approval of funding for ICE following Pretti’s death.

 

However, even if the Homeland Security bill for fiscal year 2026 is not approved, DHS still has roughly $175 billion in funding for immigration enforcement that was provided from President Donald Trump’s signature tax cuts and spending package signed into law last summer.   

Casar called for an end to Trump’s mass deportation campaign and immigration enforcement across the country.

“We are united as Democrats and united as a country, marching in the cold in Minneapolis, facing tear gas from coast to coast, marching to demand that we impeach Kristi Noem, that we end Donald Trump’s mass deportation machine, and that we focus on the well-being and the constitutional rights of everyday people in the United States,” Casar said.   

Democratic Rep. Ilhan Omar, who represents parts of Minneapolis, said her district is “currently under occupation” from ICE and CBP. She said students are afraid to go to school and immigrants are terrified to go to hospitals “because our hospitals have occupying paramilitary forces.”

Last week, a man rushed at Omar and used a syringe to squirt apple cider vinegar on her during a town hall where she called for ICE to be abolished and addressed concerns about immigration enforcement in Minneapolis. She was unharmed, but the attack followed an increase in threats to members of Congress, and the president has verbally attacked her multiple times.  

Body cameras

Following the shootings in Minneapolis and sharp criticism from Republicans in Congress, Noem on Monday announced that immigration agents across the country would receive body cameras. 

But California Democratic Rep. Norma Torres said body cameras were not sufficient, and she urged legal observers to keep recording and documenting ICE and CBP officers.

“Body cameras are not going to be enough if they continue to hide the evidence,” she said. 

House Democrats were joined by about 200 protesters calling for Noem to resign. 

Don Powell, 67, of Austin, Texas, said he and his wife have been traveling around to anti-ICE protests.

“It’s just the immorality of how they are treating children and adults. Nobody deserves to be treated that way for the crime, in theory, that they committed of crossing a border,” Powell said.

He also expressed objection to the Trump administration’s policy of deporting immigrants to “some foreign country they’ve never been to.” 

Those removals of an immigrant from the U.S. to another place that is not their home country are known as third-country removals. The Trump administration is currently being sued over the practice by immigrant and civil rights groups. 

Jeanne Ferris, 71, of Bethesda, Maryland, said she’s been to 16 anti-ICE rallies this year and attended 119 anti-Trump rallies in 2025.

“I’m opposed to the felon-in-chief forming his own private army and letting them loose on the American public and everybody else that happens to be there,” Ferris said.

Ashley Murray contributed to this report.

Pedestrians walk through the streets of the Little Haiti neighborhood on June 06, 2025 in Miami, Florida. (Photo by Joe Raedle/Getty Images)

WASHINGTON — A federal judge late Monday blocked the termination of temporary protections for roughly 350,000 Haitians from taking effect, a move that prevents the Trump administration from acting to deport them as litigation continues. 

In a searing 83-page order, District of Columbia federal Judge Ana C. Reyes found that Homeland Security Secretary Kristi Noem does not have “unbounded discretion” to terminate Temporary Protected Status for Haiti and rejected the Trump administration’s arguments that ending the status is  in the public interest. 

“Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight,” Reyes wrote. “She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. This approach is many things—in the public interest is not one of them.”

The decision came the day before hundreds of thousands of Haitians were at risk of losing their work permits and deportation protections, opening them up to removal. 

The Trump administration has moved to strip the legal status of immigrants, as many as 1.5 million, by ending the TPS designation and revoking humanitarian protections initially granted under the Biden administration. So far, Noem has ended TPS for 12 countries.  

Other judges found Noem overreached

Reyes said the Trump administration would face no harm by allowing TPS recipients from Haiti to keep their legal status while they challenge Noem’s move to end their status. 

Last year, Noem initially tried to remove extended protections for TPS holders from Haiti granted under the Biden administration, which meant protections would end by August. But several judges found that move from Noem an overreach of her authority. 

TPS is usually granted for 18 months to nationals who hail from a country deemed too dangerous to return to due to violence and instability. 

In her order, Reyes cited contradictions by the Trump administration in its attempts to end TPS for Haiti. She pointed to Noem’s argument that conditions in Haiti have improved, but at the same time the State Department has a “do not travel” advisory for Haiti because of violence. 

There has been escalating gang violence in Haiti since the assassination of the country’s president in 2021. 

“There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table,” Reyes wrote. “Secretary Noem, the record to-date shows, does not have the facts on her side—or at least has ignored them. Does not have the law on her side—or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).”

Reyes was nominated by former President Joe Biden.

‘Hostility to nonwhite immigrants’

Reyes added that one of the arguments from the plaintiffs – Haitian TPS recipients – that Noem “preordained her termination decision and did so because of hostility to nonwhite immigrants,” is likely substantial.   

Reyes also pointed to the 2024 presidential campaign, where President Donald Trump and Vice President JD Vance spread false rumors claiming Haitians in Springfield, Ohio, ate residents’ pets. 

In her order, she said Trump referred to those Haitians with TPS as being in the country without legal authorization, despite their legal status, and recalled how the president vowed to revoke “Haiti’s TPS designation and send ‘them back to their country.’”

There are five Haitian TPS recipients who are plaintiffs in the case. They argued that Noem violated the Administrative Procedure Act, the process of how agencies issue regulations, by ending TPS for Haiti. 

Those recipients include Fritz Emmanuel Lesly Miot, who is a neuroscientist researching Alzheimer’s disease who has had TPS since 2011; Rudolph Civil, a software engineer at a national bank who was granted TPS in 2010; Marlene Gail Noble, a laboratory assistant in a toxicology department who’s been a TPS recipient since 2024; Marica Merline Laguerre, an economics major at Hunter College and a TPS holder since 2010; and Vilbrun Dorsainvil, a full-time registered nurse and TPS holder since 2021.

A reprieve

This is not the first time the Trump administration has tried to end the TPS designation for Haiti, but the courts blocked those attempts in 2018.

Monday’s decision came as a brief relief for immigrants and advocates in Springfield, Ohio. 

“This 11th hour reprieve is, of course, welcome,” Ohio Immigrant Alliance Executive Director Lynn Tramonte said in a statement. “But people can’t live their lives like this, pegging their families’ futures to a court case. The least this country can do is honor their strength and contributions by giving them a permanent home.” 

U.S. Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)

WASHINGTON — Homeland Security Secretary Kristi Noem announced Monday that body cameras would be given to federal immigration agents across the country, starting in Minneapolis, where two U.S. citizens were shot and killed by agents in the Trump administration’s immigration crackdown.

“As funding is available, the body camera program will be expanded nationwide,” she wrote on social media. “We will rapidly acquire and deploy body cameras to DHS law enforcement across the country.”

Noem did not specifically say agents would be required to wear the cameras.

President Donald Trump said he was supportive of the move, according to White House pool reports.

“It wasn’t my decision,” he said. “I leave it to her. It tends to be good for law enforcement, because people can’t lie about what happened.”

The announcement comes amid a partial government shutdown by congressional Democrats who are pushing to change immigration enforcement operations across the country. One of those proposed policy changes is a requirement for federal immigration officers to wear body cameras. 

Democrats have also called for Noem to resign or be impeached after a second Minneapolis resident was shot and killed on Jan. 24 by federal immigration agents, 37-year-old intensive care unit nurse Alex Pretti. On Jan. 7, Renee Good, a poet and mother of three, was killed by federal immigration agent Jonathan Ross. 

Even without approved funding in the Homeland Security appropriations bill, the agency still has roughly $175 billion in funding for immigration enforcement from the massive tax cuts and spending package passed last year. 

In the fiscal year 2026 appropriations bill for Homeland Security, $20 million was set aside for body cameras for immigration agents. That measure would be the subject of two weeks of negotiations under the spending package under consideration in the House.

U.S. House Democrats, from left, Kelly Morrison, Ilhan Omar and Rep. Angie Craig, all of Minnesota, arrive outside of the regional Immigration and Customs Enfrocement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. (Photo by Stephen Maturen/Getty Images)

WASHINGTON — A federal judge on Monday temporarily blocked a Trump administration policy that prevented members of Congress from making unannounced oversight visits at facilities that hold immigrants.

The temporary restraining order from U.S. District Judge Jia Cobb of District of Columbia federal court blocked a seven-day notice requirement that Homeland Security Secretary Kristi Noem established earlier this month. The order allows congressional Democrats to access facilities that are central to the national debate over President Donald Trump’s immigration crackdown.

“The Court’s decision today to grant a temporary restraining order against ICE’s unlawful effort to obstruct congressional oversight is a victory for the American people,” Colorado Democratic Rep. Joe Neguse, who is the lead plaintiff in the case, said in a statement. “We will keep fighting to ensure the rule of law prevails.”

Noem issued the policy Jan. 8, one day after federal immigration officer Jonathan Ross shot and killed 37-year-old Renee Good in Minneapolis, the site of an aggressive immigration operation for nearly two months. 

A second Minneapolis resident, 37-year-old Alex Pretti, was shot and killed by a Customs and Border Protection officer and Border Patrol agent on Jan. 24. 

Following the Jan. 7 shooting, U.S. House Democrats from Minnesota tried to conduct unannounced oversight visits at a Department of Homeland Security facility that held immigrants, as allowed under a 2019 appropriations law. Democrats have argued the notice policies issued by Noem violate that appropriations law. 

Noem argued the notice policy was acceptable, despite the spending law, because the facilities were funded through the “One Big Beautiful Bill Act,” not an appropriations law, and were therefore exempt from the unannounced oversight visit policy.

Cobb rejected that argument, for now, while the case continues, saying the administration had not shown how the department could effectively separate the funds from each law. Cobb said the argument raised “practical challenges.”

“Perhaps reflecting that difficulty, Defendants have not seriously attempted to argue that DHS and ICE ensured that only OBBBA-funded resources were used before promulgating and first implementing the January 8 policy,” she wrote. 

A dozen Democratic lawmakers brought the suit in July, after DHS created a seven-day notice policy to visit a facility where immigrants are detained. In the filing, lawmakers argued that DHS overreached its authority in creating the policy and that it violated a 2019 appropriations law.

Cobb in December also issued a temporary block on that policy.

The House Democrats who sued include Neguse, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

A picture sits at a memorial to Alex Pretti on Jan. 25, 2026 in Minneapolis, Minnesota. (Photo by Scott Olson/Getty Images)

Minnesota’s U.S. senators took to the chamber’s floor Wednesday afternoon to honor two constituents killed by federal agents this month and call for the Department of Homeland Security to end its surge in the Twin Cities.

Sens. Amy Klobuchar and Tina Smith led a chorus of Democratic senators calling for an end to the aggressive tactics used by immigration officers during President Donald Trump’s immigration crackdown following the fatal shootings of Renee Good on Jan. 7 and Alex Pretti on Jan. 24, by federal agents in Minneapolis.

The Democrats repeated their demand that Congress amend the annual DHS funding bill, which must pass by Friday at midnight to avoid a partial government shutdown, to add accountability measures. 

Smith and Klobuchar, who is reported to be considering a bid for governor this year, added more personal reflections about the weekslong influx of immigration agents, and the massive protests against it, in their state.

“I want to just take a pause to acknowledge my beloved Minnesota,” Smith said, her voice starting to shake. “I am so proud to be your senator, and, you know, so many people around the country are looking to you, to us, for hope, and you are showing the world how to respond to violence, how to stand up to bullies with strength and with dignity and with peace.”

They said the DHS funding bill should not pass until the department withdraws its agents from the state. Klobuchar and other Democrats who spoke over the following hour-plus also called for DHS Secretary Kristi Noem to resign.

“There must be new leadership in the Department of Homeland Security now, and there must be major reforms to these agencies before this Congress should approve another cent,” Klobuchar said.

Those reforms should include an end to immigration agents’ “roving patrols,” requirements that agents remove masks and wear body cameras, and that the department enforce a use-of-force policy and provide “meaningful accountability” and transparency into officer-involved shootings, Klobuchar said.

Minnesota’s senators also called for Immigration and Customs Enforcement agents to depart their home state.

“I can not state it more unequivocally: ICE must leave Minnesota,” Klobuchar said.

Hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue South in Minneapolis, where federal agents shot and killed Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

WASHINGTON — Homeland Security Secretary Kristi Noem is facing mounting criticism, including from some congressional Republicans and moderate Democrats, for her response to a second killing by federal immigration agents in Minneapolis.

President Donald Trump reiterated his confidence in Noem Tuesday, but several Republican senators, a group that overwhelmingly voted last year for Noem to lead the Department of Homeland Security, are pushing for an independent investigation into the Saturday killing of 37-year-old Alex Pretti by Border Patrol agents and calling for her to testify before Congress.

And Democrats who are generally not among their party’s most aggressive members in opposing the Trump administration have joined a call to impeach Noem and restrict her department’s funding.

Trump told reporters, though, that the former South Dakota governor had done a good job, especially on controlling border crossings.

“No,” he said, when asked if she would step down, according to White House pool reports. 

He made a similar statement to Fox News’ Will Cain during an afternoon appearance in Iowa. 

“She was there with the border,” he told Cain. “Who closed up the border? She did.” 

GOP calls for investigation

The calls for an independent investigation signaled something of a loss of confidence in Noem from some Republicans in the wake of missteps following Pretti’s killing. No Republican senators voted against her confirmation last year.

Kentucky Republican Rand Paul, the chairman of the Senate Committee on Homeland Security and Governmental Affairs, criticized Noem Tuesday for not placing the agents involved in shooting Pretti on administrative leave.

“That should happen immediately,” Paul wrote on social media Tuesday, adding that “for calm to be restored” an independent investigation needs to happen.

Within hours of Saturday’s shooting Noem labeled Pretti, an intensive care unit nurse, as a “domestic terrorist” who intended “to inflict maximum damage on individuals and kill law enforcement.”

Noem used similar terminology after federal immigration officer Jonathan Ross shot and killed 37-year-old Renee Good on Jan. 7. 

Both Good and Pretti’s shootings were widely caught on camera, contradicting claims by Noem that both posed a threat.

Multiple videos show that Good was driving away when Ross fired three shots into her windshield. 

Video analysis by the New York Times shows Pretti wrestled to the ground by multiple agents and, while pinned down, two officers fired 10 shots. The analysis also showed that an officer took away a handgun from Pretti, which he had a permit for, while he was pinned down.

The contradictions hurt Noem’s standing with some Republicans.

“I can’t recall ever hearing a police chief immediately describing the victim as a “domestic terrorist” or a “would-be assassin,’” Paul said, taking aim at Noem as well as White House senior advisor Stephen Miller, who called Pretti a “would-be assassin.”

Hearings

Noem also said that because Pretti had a handgun, he inherently posed a danger to DHS agents, a claim that has divided Republicans.

Republican Sen. Mike Crapo of Idaho took issue with Noem’s criticism of Pretti’s possession of a gun. 

“His family, law-abiding citizens exercising their Second Amendment right and the trust of the American people deserve a fair process,” he said on social media Monday.

Sen. John Curtis, Republican of Utah, criticized Noem for her handling of Saturday’s shooting.

“Officials who rush to judgment before all the facts are known undermine public trust and the law-enforcement mission,” he wrote on social media Monday. “I disagree with Secretary Noem’s premature DHS response, which came before all the facts were known and weakened confidence.”

He also called for an independent investigation. 

Paul on Monday called for several leaders of agencies within Homeland Security to testify before his committee – U.S. Immigration and Customs Enforcement, U.S. Customs and Border Patrol and U.S. Citizenship and Immigration Services.

Those same agency leaders are scheduled to appear before the House Committee on Homeland Security on Feb. 10.

Dems ramp up impeachment talk

Democrats are calling for Noem’s removal, along with pushing for changes to the Homeland Security funding bill, increasing the chances of a partial government shutdown at midnight Friday. 

In the House, 162 Democrats had co-sponsored articles of impeachment against Noem by Tuesday afternoon, a number that climbed throughout the day. The articles were first introduced shortly after Good’s death.

House Minority Leader Hakeem Jeffries and other House Democratic leaders issued a joint statement Monday calling for Noem to be fired. If she’s not, Democrats would move forward with impeachment, the leaders said. The effort is unlikely to move in the House-controlled GOP.

“Dramatic changes at the Department of Homeland Security are needed,” Jeffries said. “Federal agents who have broken the law must be criminally prosecuted. The paramilitary tactics must cease and desist.”

Maryland Rep. Jamie Raskin, top Democrat on the House Judiciary Committee, called for Chairman Jim Jordan of Ohio to begin impeachment proceedings into Noem, noting that masked agents of her department “brutally killed two American citizens.” 

“Far from condemning these unlawful and savage killings in cold blood, Secretary Noem immediately labeled Renée and Alex ‘domestic terrorists,’ blatantly lied about the circumstances of the shootings that took their lives, and attempted to cover-up and blockade any legitimate investigation into their deaths,” Raskin said.

On Tuesday, Pennsylvania Sen. John Fetterman, a moderate Democrat who voted to confirm Noem, made a direct appeal to Trump to fire her.

“Americans have died,” Fetterman said in a statement. “She is betraying DHS’s core mission and trashing your border security legacy.”

Nevada Sen. Jacky Rosen, another moderate Democrat, also called for Noem to be impeached.

Trump pivots

Facing mounting pressure, Trump has softened his tone with state and local officials and walked back his administration’s aggressive immigration operations in Minnesota that Noem has overseen.  

Trump directed border czar Tom Homan to Minnesota to take over ICE operations, effectively sidelining Noem, who in December deployed 3,000 federal immigration officers to the state after right-wing media influencers resurfaced reports of fraud in the state’s social service programs. 

By Monday evening, top Border Patrol official Gregory Bovino was removed from his position as at-large commander and sent back to California, according to multiple media reports. 

White House press secretary Karoline Leavitt defended the decision to send Homan to Minnesota, arguing that Noem is occupied with managing FEMA operations as a winter storm covers much of the country. 

Funding bill

In the wake of Saturday’s shooting, Senate Democrats quickly opposed the Homeland Security spending bill the chamber was set to pass this week. 

Instead, Democrats argued the measure must be stripped from the government funding package of six bills and renegotiated to include more constraints on federal immigration enforcement.

The funding package passed the House this month, but a majority of Democrats opposed any funding for ICE, which would maintain a flat funding level of $10 billion. 

Even if there is a partial government shutdown, DHS still has up to $190 billion it can spend from the “One Big Beautiful Bill Act,” the president’s signature tax and spending cuts package signed into law last summer.   

U.S. Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)

WASHINGTON — A growing number of U.S. House Democrats are pushing for Homeland Security Secretary Kristi Noem’s impeachment after another fatal shooting of an American citizen by federal immigration officers in Minneapolis this month.  

At least 164 members — more than three-fourths of all House Democrats, who total 213 — backed an impeachment resolution against Noem as of Tuesday afternoon, according to the office of Illinois Rep. Robin Kelly, who authored the measure. 

“Kristi Noem should be fired immediately, or we will commence impeachment proceedings in the House of Representatives. We can do this the easy way or the hard way,” House Democratic Leader Hakeem Jeffries, Democratic Whip Katherine Clark and Democratic Caucus Chair Pete Aguilar said in a statement Tuesday.

Kelly’s three articles of impeachment against Noem accuse the secretary of obstruction of Congress, violation of public trust and self-dealing. The resolution came after the Jan. 7 fatal shooting of 37-year-old Renee Good by a federal agent in Minneapolis.  

Democratic calls for Noem’s impeachment grew even louder after federal agents fatally shot 37-year-old Alex Pretti in Minneapolis Jan. 24. 

President Donald Trump’s administration has taken heat for its immigration enforcement tactics and appeared to dial down its rhetoric following the shooting. 

Republicans control the U.S. House with a narrow 218-member majority.

In a statement shared with States Newsroom on Tuesday, Tricia McLaughlin, assistant secretary for public affairs at the department, said, “DHS enforces the laws Congress passes, period,” adding that “if certain members don’t like those laws, changing them is literally their job.” 

“While (U.S. Immigration and Customs Enforcement) officers are facing a staggering 1,300% spike in assaults, too many politicians would rather defend criminals and attack the men and women who are enforcing our laws and did nothing while Joe Biden facilitated an invasion of tens of millions of illegal aliens into our country,” McLaughlin said. “It’s time they focus on protecting the American people, the work this Department is doing every day under Secretary Noem’s leadership.”

Here’s a list of the Democratic co-sponsors, as of Tuesday afternoon, per Kelly’s office: 

Alabama

• Rep. Terri Sewell
• Rep. Shomari Figures

Arizona

• Rep. Yassamin Ansari
• Rep. Adelita Grijalva

California

• Rep. Nanette Barragán
• Rep. Julia Brownley
• Rep. Salud Carbajal
• Rep. Judy Chu
• Rep. Lou Correa
• Rep. Mark DeSaulnier
• Rep. Laura Friedman
• Rep. John Garamendi
• Rep. Jimmy Gomez
• Rep. Jared Huffman
• Rep. Sara Jacobs
• Rep. Sydney Kamlager-Dove
• Rep. Doris Matsui
• Rep. Dave Min
• Rep. Kevin Mullin
• Rep. Luz Rivas
• Rep. Linda Sánchez
• Rep. Brad Sherman
• Rep. Lateefah Simon
• Rep. Eric Swalwell
• Rep. Mark Takano
• Rep. Mike Thompson
• Rep. Norma Torres
• Rep. Juan Vargas
• Rep. Maxine Waters
• Rep. Sam Liccardo
• Rep. Scott Peters
• Rep. Raul Ruiz
• Rep. Robert Garcia
• Rep. Mike Levin
• Rep. Gil Cisneros
• Rep. Zoe Lofgren
• Rep. Nancy Pelosi

Colorado

• Rep. Diana DeGette
• Rep. Brittany Pettersen
• Rep. Joe Neguse
• Rep. Jason Crow

Connecticut

• Rep. John Larson
• Rep. Joe Courtney
• Rep. Jahana Hayes
• Rep. Rosa DeLauro

Delaware

• Rep. Sarah McBride

District of Columbia 

• Del. Eleanor Holmes Norton* 

Florida

• Rep. Lois Frankel
• Rep. Maxwell Frost
• Rep. Darren Soto
• Rep. Kathy Castor
• Rep. Frederica Wilson
• Rep. Debbie Wasserman Schultz

Georgia

• Rep. Nikema Williams
• Rep. Hank Johnson

Hawaii

• Rep. Jill Tokuda

Illinois

• Rep. Nikki Budzinski
• Rep. Sean Casten
• Rep. Danny Davis
• Rep. Chuy García
• Rep. Jonathan Jackson
• Rep. Raja Krishnamoorthi
• Rep. Mike Quigley
• Rep. Jan Schakowsky
• Rep. Eric Sorensen
• Rep. Bill Foster

Indiana

• Rep. André Carson
• Rep. Frank Mrvan

Kentucky

• Rep. Morgan McGarvey

Louisiana 

• Rep. Troy Carter

Maine

• Rep. Chellie Pingree

Maryland

• Rep. Sarah Elfreth
• Rep. April McClain Delaney
• Rep. Kweisi Mfume
• Rep. Johnny Olszewski
• Rep. Steny Hoyer

Massachusetts

• Rep. Bill Keating
• Rep. Stephen Lynch
• Rep. Jim McGovern
• Rep. Seth Moulton
• Rep. Lori Trahan
• Rep. Jake Auchincloss
• Rep. Ayanna Pressley
• Rep. Richard Neal

Michigan

• Rep. Haley Stevens
• Rep. Shri Thanedar
• Rep. Rashida Tlaib
• Rep. Debbie Dingell

Minnesota

• Rep. Angie Craig
• Rep. Betty McCollum
• Rep. Kelly Morrison
• Rep. Ilhan Omar

Mississippi

• Rep. Bennie Thompson

Missouri

• Rep. Wesley Bell

Nevada

• Rep. Dina Titus
• Rep. Steven Horsford
• Rep. Susie Lee

New Hampshire 

• Rep. Chris Pappas

New Jersey

• Rep. LaMonica McIver
• Rep. Rob Menendez
• Rep. Donald Norcross
• Rep. Bonnie Watson Coleman

New Mexico

• Rep. Teresa Leger Fernández
• Rep. Melanie Stansbury
• Rep. Gabe Vasquez

New York

• Rep. Yvette Clarke
• Rep. Adriano Espaillat
• Rep. Dan Goldman
• Rep. Tim Kennedy
• Rep. Jerry Nadler
• Rep. Paul Tonko
• Rep. Ritchie Torres
• Rep. Nydia Velázquez
• Rep. Laura Gillen
• Rep. Gregory Meeks
• Rep. Grace Meng
• Rep. Alexandria Ocasio-Cortez
• Rep. George Latimer
• Rep. Pat Ryan
• Rep. John Mannion

North Carolina

• Rep. Alma Adams
• Rep. Valerie Foushee
• Rep. Deborah Ross

Ohio

• Rep. Joyce Beatty
• Rep. Shontel Brown
• Rep. Greg Landsman

Oregon

• Rep. Suzanne Bonamici
• Rep. Maxine Dexter
• Rep. Val Hoyle
• Rep. Andrea Salinas
• Rep. Janelle Bynum

Pennsylvania

• Rep. Brendan Boyle
• Rep. Madeleine Dean
• Rep. Chris Deluzio
• Rep. Dwight Evans
• Rep. Summer Lee
• Rep. Mary Gay Scanlon
• Rep. Chrissy Houlahan

Rhode Island

• Rep. Gabe Amo

Tennessee

• Rep. Steve Cohen

Texas

• Rep. Greg Casar
• Rep. Joaquin Castro
• Rep. Jasmine Crockett
• Rep. Lloyd Doggett
• Rep. Veronica Escobar
• Rep. Sylvia Garcia
• Rep. Al Green
• Rep. Julie Johnson
• Rep. Lizzie Fletcher
• Rep. Vicente Gonzalez

Vermont

• Rep. Becca Balint

Virginia

• Rep. Suhas Subramanyam
• Rep. James Walkinshaw
• Rep. Bobby Scott
• Rep. Don Beyer
• Rep. Eugene Vindman
• Rep. Jennifer McClellan

Washington

• Rep. Pramila Jayapal
• Rep. Emily Randall
• Rep. Adam Smith
• Rep. Marilyn Strickland
• Rep. Suzan DelBene

Wisconsin

• Rep. Gwen Moore
• Rep. Mark Pocan

*Norton is the non-voting delegate who represents Washington, D.C., in Congress. 

Federal agents block in and stop a woman to ask her about another person’s whereabouts on Jan. 19, 2026, in south Minneapolis. Cellphone video taken by bystanders has contradicted the Trump administration’s account of some recent immigration enforcement incidents. (Photo by Nicole Neri/Minnesota Reformer)

PORTLAND, Ore. — Keith Ellison held up his cellphone. The Minnesota attorney general was onstage in an Oregon theater in front of hundreds of people, accompanied by four of his Democratic peers from other states, to mark a year of coordinated legal strategy to resist the Trump administration’s expansive use of executive power.

“Can I just note, real quickly, that we need everybody to use these things?” Ellison said to the audience, which earlier had greeted the out-of-state attorney general with a standing ovation. “They have been remarkably helpful.”

Ellison and his fellow Democratic attorneys general were sitting onstage last week at Revolution Hall, a music venue most evenings. Over the past year, AGs have emerged as unlikely rock stars of legal resistance to President Donald Trump, who has made broad use of presidential authority on immigration enforcement and a wide range of other issues, unchecked by the majority-Republican Congress.

Cellphone video has emerged as a powerful rebuttal to Trump’s version of events, at a time when the federal government has restricted state and local investigators from accessing potential evidence to pursue their own investigations into excessive force and fatal shootings by immigration agents in their jurisdictions.

On Saturday, witnesses with cellphone cameras recorded federal agents in Minneapolis shooting and killing Alex Pretti, a 37-year-old ICU nurse who, like many in the city, was recording how U.S. Immigration and Customs Enforcement agents interact with the public during enforcement activity. The video evidence of Pretti’s killing was captured by coordinated but loosely organized bands of ordinary citizens using their cellphones.

The images, shared widely on social media, directly contradict official accounts, including claims by U.S. Department of Homeland Security Secretary Kristi Noem, who accused Pretti of attacking agents. Bystander video shows Pretti filming with his cellphone before multiple agents tackled him to the ground, beat him, and then shot him to death after taking his gun. Pretti, who was licensed to carry a gun in public in Minnesota, never drew his weapon.

Two weeks earlier in Minneapolis, cellphone cameras captured from multiple angles the fatal shooting of 37-year-old Renee Good by an immigration agent. A week after that in nearby St. Paul, Minnesota, cellphone video showed armed immigration agents forcing ChongLy Scott Thao, a middle-aged naturalized U.S. citizen, from his home and into subfreezing temperatures while he was wearing only underwear and sandals.

There are “a whole lot more stories,” Ellison said, many caught on mobile phones or dashboard cameras, and all demonstrating the forceful tactics being used by some of the more than 3,000 federal immigration agents in his state. One image Ellison didn’t mention: the photo of a 5-year-old from Ecuador in federal custody, wearing a blue bunny hat and his Spider-Man backpack.

In Minnesota, the state has set up an online tip portal to capture citizen-generated evidence of federal misconduct or unlawful behavior, including cellphone images, after the U.S. Department of Justice refused to share evidence in Good’s death with county prosecutors and Ellison’s office. Similar evidence-gathering portals or federal accountability commissions are in place in Colorado, Illinois and Oregon.

When ordinary people capture aggressive federal tactics on video, Ellison said, they’re also helping make a case in federal court that the mass federal deployment of immigration agents to their states is unconstitutional and violates state sovereignty. Minnesota has sued to end ICE’s aggressive enforcement action in the state, officially known as Operation Metro Surge.

Such evidence could also be critical if the federal government continues to resist investigating or pursuing federal criminal charges against the unidentified agents who killed Pretti, as well as Jonathan Ross, the ICE agent who killed Good. In a separate case, a federal judge issued an order after Pretti’s death blocking the Trump administration from destroying or altering evidence related to the shooting.

Constitutional limits make it difficult, although not impossible, for states to prosecute federal officers for violations of state law, said Bryna Godar, a staff attorney with the State Democracy Research Initiative at the University of Wisconsin Law School. But there are some successful cases in which states have pursued officers who are alleged to have gone beyond the scope of their federal duties or have acted unreasonably in carrying out those duties, she said.

Such cases arise most frequently during periods of considerable friction between states and the federal government, Godar said, including disputes over enforcement of the Fugitive Slave Act, Prohibition, and integration and desegregation policies. Another such test of federalism and state sovereignty may be upon us, she said.

“It seems like we’re potentially entering another period or in another period of increased friction between the states and the federal government in a way that could lead to these cases again,” Godar said.

Ellison said that state and county investigators were proceeding carefully and deliberately with their own investigation.

“It’s true that the feds are denying us access to the investigative file,” Ellison said. “It’s also true that there’s no statute of limitations on murder.”

Noem has repeatedly insisted that ICE agents and other officers are the actual victims of the increased violence. She also has argued that protests and scrutiny of their enforcement tactics has not only interfered with their operations, but also has provoked the aggressive federal response.

Deputy U.S. Attorney Todd Blanche said Jan. 16 that the Justice Department will provide all resources necessary to support immigration enforcement, and will prosecute anyone they determine has attacked, impeded or obstructed federal efforts. The Justice Department issued subpoenas last week to multiple Minnesota Democratic officials in an investigation into whether those state leaders have impeded the enforcement surge.

In Minneapolis last week after meeting with immigration agents, Vice President JD Vance suggested the cellphone activism is causing the violence. He blamed “a few very far-left agitators” for the aggressive federal response, saying federal agents were “under an incredible amount of duress” and that state and local authorities had failed to cooperate. Following Good’s death, Vance described it as “a tragedy of her own making.”

“A lot of these guys are unable to do their jobs without being harassed, without being doxed, and sometimes without being assaulted,” Vance said, flanked by federal immigration officials working in Minnesota. “That’s totally unacceptable.”

Often, bystanders capture photos and video at great personal risk, as neighborhoods are swarmed by heavily armed federal agents in unmarked cars smashing car windows and dragging drivers to the ground, ramming doors at private residences and spraying protesters and observers in the face with chemical irritants. The bystanders’ videos frequently counter official, federal accounts of events.

The citizen-generated evidence aids in accountability and in making their case of federal overreach, said Ellison, who in 2021 led the successful prosecution of former Minneapolis police officer Derek Chauvin for the 2020 death of George Floyd. Chauvin’s conviction relied in part on 10 minutes of cellphone footage filmed by 17-year-old Darnella Frazier.

Ellison and the other Democratic attorneys general encouraged people to continue bearing witness and posting to social media.

“Much of the evidence we’ve been able to generate is because of you,” Ellison said. “You have to fight in a courtroom. We absolutely have to. But ultimately, this country will be saved by the people of the United States. And so that means you’re protesting, you’re gathering evidence, you’re sharing with us … is actually how we’re going to win.”

Since their first lawsuit targeting Trump’s birthright citizenship executive order at the beginning of his term in 2025, the Democratic AGs have filed 77 cases. They’ve won 43 of the 53 resolved cases, according to a tracker from the Progressive State Leaders Committee.

It’s not that they want to file so many lawsuits, but they know they must, said Oregon Attorney General Dan Rayfield, who hosted Ellison, Rob Bonta of California, Anne Lopez of Hawaii and Aaron Frey of Maine. Oregon hadn’t even been to the U.S. Supreme Court to argue a case in a decade, Rayfield said, until the state took the lead last year on behalf of a coalition of a dozen states that sued over Trump’s sweeping tariff policy on most goods entering the United States.

“We’re not backing down,” Rayfield said. “We aren’t going to let this president continue to chip away our rights and our democracy at this time. We’re going to continue to fight for this entire term and do our job as attorneys general.”

Beyond the AGs, individuals, businesses, labor unions, professional associations, universities, local governments and other entities have filed 593 cases against the president’s expansion of executive branch powers since the beginning of his term, according to the daily digital law policy journal Just Security.

“The unlawfulness has only escalated,” Bonta said. “It’s gotten worse.”

Hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

The federal killing of a U.S. citizen in Minneapolis this month, captured from multiple angles by witnesses recording on their cell phones, kicked off a dizzying day here and in Washington. Democratic politicians and ordinary Americans reacted with a mix of outrage and incredulousness, backfooting the Trump administration as the federal operation Democratic Gov. Tim Walz has called an “occupation” approached its third month.

By late Saturday, a Trump-appointed Minnesota federal judge had ordered the Department of Homeland Security and other federal agencies to refrain from “destroying or altering evidence.” 

Senate Minority Leader Chuck Schumer of New York said his party would block a must-pass government appropriations package — and partially shut down the government next week — if it contained additional funding for the Homeland Security Department. 

As it did earlier this month after a U.S. Immigration and Customs Enforcement agent shot and killed 37-year-old Minneapolis resident Renee Nicole Good, senior Trump administration officials worked swiftly on Saturday to blame the incident on the victim. 

Homeland Security Secretary Kristi Noem called Alex Jeffrey Pretti a “domestic terrorist,” echoing language used by Vice President JD Vance to describe Good. Border Patrol Commander Greg Bovino said Pretti appeared eager to inflict “maximum damage” on the federal agents assembled near the intersection of Nicollet Avenue and 26th Street Saturday morning. Stephen Miller, President Donald Trump’s chief domestic policy advisor, called Pretti an “assassin.” 

Videos taken at the scene — as well as what’s known about Pretti’s background — belie the Trump administration’s claims. Pretti was a lawful gun owner with a concealed carry permit and no criminal record, according to Minneapolis Police Chief Brian O’Hara. 

Moments before he was shot, Pretti could be seen on video with his phone — not a gun — recording federal officers, as has become standard practice among anti-ICE activists. 

A cell phone video shows a gaggle of Border Patrol agents wrestling him to the ground and beating him; an agent removes Pretti’s holstered gun, and Pretti appears to pose no threat to the officers surrounding him. Moments later, about 10 shots ring out. 

In a sworn affidavit filed Saturday evening, a physician who lives nearby said Pretti had no pulse when they arrived at the scene. The physician, whose name and identity were not made public, said agents did not appear to be rendering lifesaving aid and initially refused the physician’s offer to help. Pretti was pronounced dead at the scene a short time later.

Pretti’s name had emerged in media reports by early afternoon. It’s unclear whether federal, state or local officials attempted to notify his next of kin beforehand. Michael Pretti, his father, said he first learned of the shooting from an Associated Press reporter.

“I can’t get any information from anybody,” Michael Pretti told the AP, detailing a runaround with the Border Patrol, local police and area hospitals. He said the Hennepin County Medical Examiner eventually confirmed they had Alex Pretti’s body.

“We are heartbroken but also very angry,” Pretti’s parents said in a statement released later on Saturday that described Pretti as a “hero” who “wanted to make a difference in this world.”

“The sickening lies told about our son by the administration are reprehensible and disgusting,” they said. “Please get the truth out about our son.”

Meanwhile, the Minnesota Bureau of Criminal Apprehension said DHS officials blocked their investigators from the crime scene even after they returned with a judicial warrant. The details of the warrant are unclear, as is the BCA’s recourse if Homeland Security continues to stymie its efforts. Federal officials said Saturday that Homeland Security — not the FBI or the Minnesota BCA — would lead the investigation.

The names of the agents involved in the shooting have not been released. Bovino told CNN on Sunday that he did not know whether more than one agent fired shots.

Minnesota officials questioned Homeland Security’s handling of the shooting’s aftermath and indicated they did not trust the department to conduct a fair investigation. 

The Minnesota Department of Corrections unveiled a new website this weekend to combat “ongoing misinformation” from Homeland Security. In a lengthy statement on Saturday, the department called into question Bovino’s initial explanation for the operation that led to Pretti’s death. The statement said the individual named by Bovino as the target of the operation did not have a significant criminal history, as Bovino alleged, and was previously released from immigration custody in 2018 — during the first Trump administration.

A recent article by Stateline, which is a States Newsroom outlet like the Reformer, found that eyewitness testimony and other evidence often contradicts DHS’ initial description of incidents involving its agents.

On Sunday, Minnesota Attorney General Keith Ellison said he expects Homeland Security to heed Saturday’s court order to preserve evidence to support the state’s own investigation.

“We’ve had to threaten them with contempt a few times, but open defiance of court orders is not something that we’ve experienced,” Ellison told the Star Tribune.

Signs had emerged by Sunday that at least some elected Republicans and gun rights groups were uncomfortable with the official line that Pretti posed a clear and present danger before his death. Few elected Republicans wholeheartedly endorsed the administration’s narrative, and even some right-wing influencers who typically hew to the party line recoiled.

Republican Louisiana Sen. Bill Cassidy, who faces a primary challenge from his right this year, called Saturday’s shooting “incredibly disturbing.”

“The credibility of ICE and DHS are at stake,” he said on Sunday. “There must be a full joint federal and state investigation.”

The Minnesota Gun Owners Caucus also issued a statement calling for an independent investigation.

“Every peaceable Minnesotan has the right to keep and bear arms — including while attending protests, acting as observers, or exercising their First Amendment rights. These rights do not disappear when someone is lawfully armed, and they must be respected and protected at all times,” the group said.

Kevin Stitt, the outgoing Republican governor of Oklahoma, hinted in a Sunday interview with CNN that the administration should rethink its immigration enforcement efforts.

“And so what’s the goal right now? Is it to deport every single non-U.S. citizen? I don’t think that’s what Americans want,” he said. “We have to stop politicizing this. We need real solutions on immigration reform.”

Dozens of Minnesota business leaders released an open letter that gently called for a change in approach by the federal government, risking the ire of Trump, who is known for his retribution against those who oppose him. 

“With yesterday’s tragic news, we are calling for an immediate deescalation of tensions and for state, local and federal officials to work together to find real solutions,” the CEOs wrote. 

Among them were top officers of Medtronic, 3M, Target and the sports franchises. This is notable because as the Reformer previously reported, the state’s biggest companies had been publicly silent until now. Business leaders, the chamber letter asserts, have been “working behind the scenes” since the federal siege began. 

Some in the Trump administration may be looking for an escape hatch, even if on their terms.  On Saturday, Attorney General Pam Bondi said Minnesota could end the federal law enforcement surge if it repealed pro-immigrant “sanctuary” policies and turned over its voter rolls to the federal government. (Minnesota is not a “sanctuary state”; an effort to pass a sanctuary law the last time Democrats controlled the Legislature went nowhere.)

That Bondi made such an offer at all is notable. But it’s unlikely to lead to a resolution. On Sunday, Minnesota Secretary of State Steve Simon brushed off the idea of providing state voter information to the federal government in a caustic statement.

“The answer to Attorney General Bondi’s request is no. Her letter is an outrageous attempt to coerce Minnesota into giving the federal government private data on millions of U.S. Citizens in violation of state and federal law,” Simon said.

False claims of voter fraud have become a staple of the Trumpist political movement. A group of right-wing activists led by Mike Lindell — the pillow mogul currently running for governor as a Republican — claimed widespread voter fraud after the 2020 election. But as part of the state’s usual election auditing process, a random group of precincts in every congressional district were chosen for review, totaling roughly 440,000 votes after the 2020 election, spanning more than 200 precincts. The hand tallies were virtually identical to the machine tallies.

A picture sits at a memorial to Alex Pretti on Jan. 25, 2026 in Minneapolis, Minnesota. Pretti, an ICU nurse at a VA medical center, died on Jan. 24 after being shot multiple times during a brief altercation with border patrol agents in Minneapolis. (Photo by Scott Olson/Getty Images)

A partial federal government shutdown appeared Sunday to unexpectedly be on the horizon, after another fatal shooting by federal immigration agents in Minneapolis led key U.S. Senate Democrats to say they will oppose a spending package that includes immigration enforcement funds.

Senators have until a Friday deadline to clear a package of six House-passed funding measures, including the $64.4 billion Homeland Security appropriations bill that includes funding for Immigration and Customs Enforcement and the U.S. Border Patrol.

Republicans hold a majority in the chamber but would need at least seven Democrats to join them in voting for the package in order to clear the chamber’s 60-vote threshold to advance legislation. 

The agreement had appeared to be on track for easy passage by the Senate by Friday, when a stopgap spending law expires. 

But after Saturday’s killing of 37-year-old Alex Jeffrey Pretti, the second by Homeland Security Department officers in Minneapolis this month, key moderate Democrats, appropriators and leaders said they would not support the package if it includes the Homeland Security legislation in its current form. 

Senate Minority Leader Chuck Schumer also said his caucus would not provide the votes needed, citing the killings of Pretti and Renee Good in Minneapolis on Jan. 7, and called for the DHS bill to be split from the five spending bills with broad bipartisan support.

“Senate Democrats will not allow the current DHS funding bill to move forward,” Schumer said in a Sunday statement. “The appalling murders of Renee Good and Alex Pretti on the streets of Minneapolis must lead Republicans to join Democrats in overhauling ICE and CBP to protect the public. People should be safe from abuse by their own government.

“Senate Republicans must work with Democrats to advance the other five funding bills while we work to rewrite the DHS bill,” he added. “This is (the) best course of action, and the American people are on our side.”

A complicating factor is the DHS bill also includes funding for the Federal Emergency Management Agency, even as a major winter storm swept through a large swath of the nation Saturday and Sunday, triggering disaster declarations in multiple states.

President Donald Trump and key administration officials committed to a robust media strategy over the weekend, defending the officers involved and smearing Pretti, despite contradictory evidence in available video.

Some elected Republicans backed the administration’s account, but an unusual number of GOP members of Congress and at least one governor called for accountability.

Latest shooting a turning point

Five of the eight Democrats and independents who voted with Republicans to end a shutdown in November have said they will not support the package if it includes DHS funding.

Maine independent Angus King, who caucuses with Democrats, said on CBS News’ “Face the Nation” that he would vote against the package.

“I hate shutdowns,” King said in a video interview on the Sunday morning show. “I’m one of the people that helped negotiate the solution to the end of the last shutdown, but I can’t vote for a bill that includes ICE funding under these circumstances.”

Nevada Democrat Catherine Cortez Masto, a former federal prosecutor, criticized Homeland Security Secretary Kristi Noem and called for blocking the funding package.

“The Trump administration and Kristi Noem are putting undertrained, combative federal agents on the streets with no accountability,” she said. “They are oppressing Americans and are at odds with local law enforcement. This is clearly not about keeping Americans safe, it’s brutalizing U.S. citizens and law-abiding immigrants. I will not support the current Homeland Security funding bill.”

Cortez Masto called for the DHS bill to be split off from the rest of the package. 

“We have bipartisan agreement on 96% of the budget. We’ve already passed six funding bills,” she said. “Let’s pass the remaining five bipartisan bills and fund essential agencies while we continue to fight for a Department of Homeland Security that respects Americans’ constitutional rights and preserves federal law enforcement’s essential role to keep us safe.” 

Fellow Nevada Democrat Jacky Rosen, who also voted to end the shutdown in November, said “enough is enough” and that she would oppose a funding package that did not “rein in ICE’s out-of-control conduct.”

“As a member of the U.S. Senate, I have the responsibility to hold the Trump Administration accountable when I see abuses of power — like we are seeing from ICE right now,” she said. “That is why I’ll be voting against any government funding package that contains the bill that funds this agency, until we have guardrails in place to curtail these abuses of power and ensure more accountability and transparency.

“My personal guiding principle has always been ‘agree where you can and fight where you must,’” she added. “And I believe this is a time when we must fight back.”

Virginia’s Tim Kaine said in a Friday statement — before Pretti’s killing — that he would oppose the package for several reasons, including as a check on ICE.

“We are not living in normal times,” he said. “The President is acting chaotically and unlawfully and we shouldn’t give his deranged decisions the imprimatur of congressional approval by passing this legislation without significant amendment.”

Democratic Whip Dick Durbin of Illinois also said after Pretti’s killing early Saturday — the third shooting by immigration officers in Minneapolis in three weeks — that he would vote against the package. Durbin is a senior member of the Appropriations Committee.

DHS funding

The House last week passed the DHS funding bill, with seven Democrats voting to approve it, and a separate package of three other appropriations bills that passed with broad bipartisan support. House members passed two other funding bills the week before.

The fiscal 2026 Homeland Security spending bill cuts funding for Customs and Border Protection by $1.3 billion, and maintains flat funding for ICE at $10 billion.

The bill attempts to put guardrails around immigration enforcement by allocating $20 million for body cameras for ICE and CBP officers. 

But even if the funding bill doesn’t pass or gets held up, the immigration enforcement agencies are still flush with cash after the One Big Beautiful Bill Act that Republicans passed last year allocated $190 billion for DHS. ICE is slated to receive about $75 billion over four years, or $18.7 billion a year.

Path forward

Any Senate amendment to the House-passed package would require another House vote. The House is scheduled to be out this week and the chamber, narrowly controlled by Republicans, may be unwilling to cooperate with Senate changes.

Senate Appropriations Chair Susan Collins, a Maine Republican up for reelection this year in one of the nation’s most closely watched races, did not dismiss the possibility of changes in the spending bill package, telling The New York Times on Saturday she was “exploring all options” for passage.

The major winter storm also hit Washington, D.C., and could further complicate the Senate vote or potential House consideration. All flights into Ronald Reagan Washington National Airport were canceled Sunday as snow and sleet covered the region. 

A handful of GOP officials, including Sens. Thom Tillis of North Carolina, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska called for more scrutiny into Pretti’s killing and ICE’s conduct more generally. 

“There must be a thorough and impartial investigation into yesterday’s Minneapolis shooting, which is the basic standard that law enforcement and the American people expect following any officer-involved shooting,” Tillis said on social media.

“For this specific incident, that requires cooperation and transparency between federal, state, and local law enforcement. Any administration official who rushes to judgment and tries to shut down an investigation before it begins are doing an incredible disservice to the nation and to President Trump’s legacy.”

Cassidy posted on social media: “The events in Minneapolis are incredibly disturbing. The credibility of ICE and DHS are at stake. There must be a full joint federal and state investigation. We can trust the American people with the truth.”

Rep. Michael McCaul, a Texas Republican who is a former chairman of the House Homeland Security Committee, said on social media he was “troubled by the events that have unfolded in Minneapolis.”

“As an attorney and former federal prosecutor, I believe a thorough investigation is necessary—both to get to the bottom of these incidents and to maintain Americans’ confidence in our justice system,” he said.

Oklahoma Gov. Kevin Stitt, a Republican, was among those who said he was troubled by the shooting.

“I think the death of Americans, what we’re seeing on TV, it’s causing deep concerns over federal tactics and accountability,” Stitt said on CNN’s “State of the Union.” “Americans don’t like what they’re seeing right now.”

Administration, some allies defend shooting 

Many others, including Republican senators and Trump administration officials speaking on Sunday talk shows — Noem, Treasury Secretary Scott Bessent, FBI Director Kash Patel and Deputy Attorney General Todd Blanche — defended the agents involved and blamed Pretti and state and local Democrats in Minneapolis. 

“Democrats are now backing out of a bipartisan agreement to fund DHS, which makes sure our border is secure and our immigration laws are enforced,” Senate Budget Committee Chairman Lindsey Graham, R-S.C., wrote on social media.

“This is reckless and quite frankly, very disappointing. It appears that Democrats are so wedded to supporting people carrying guns trying to interfere with a lawful arrest that they will shut down the government.”

Patel, on “Sunday Morning Futures” on Fox News, said DHS is investigating the shooting but the FBI is processing physical evidence. “No one who wants to be peaceful shows up in a protest with a firearm that is loaded with two full magazines,” Patel said, referring to reports that Pretti was carrying a handgun for which he had a concealed carry license, according to Minneapolis Police Chief Brian O’Hara.

Spokespeople for Collins, Schumer and Majority Leader John Thune of South Dakota did not return messages seeking comment Sunday. Senate Democrats were set to meet virtually on Sunday night, according to multiple media reports.

Bystander video shows U.S. Border Patrol agents kneeing a man several times in the face as others hold him down in Minneapolis on Jan. 9, 2026. Violence on behalf of the Trump administration’s immigration crackdown is on the rise. (Screenshot from video by Monica Bicking via Minnesota Reformer)

State leaders who want to curb the increasingly violent arrest tactics of immigration enforcement agents in Minneapolis and elsewhere are struggling to push back.

They’ve promised civil rights legislation that could offer alleged victims another route to courts, ordered up official tribunals to gather video and other records, or asked cities to refuse requests to cooperate with raids. But for the most part, states looking for concrete ways to push back find themselves largely hamstrung.

Violence in immigration enforcement is on the rise. A federal immigration agent’s killing of Renee Good in Minnesota on Jan. 7 was one of half a dozen shootings since December. An immigrant’s death in a Texas detention facility this month was ruled a homicide. And detention deaths last year totaled at least 31, a two-decade peak and more than the previous four years combined.

There also have been dozens of cases in the past year of agents using dangerous and federally banned arrest maneuvers, such as chokeholds, that can stop breathing.

U.S. Immigration and Customs Enforcement agents in masks and tactical vests have been recorded firing pepper spray into the faces of protesters, shattering car windows with little warning, punching and kneeing people pinned face down on the ground, using battering rams on front doors, and questioning people of color about their identities.

U.S. Homeland Security Secretary Kristi Noem has defended many recorded incidents as legitimate uses of force against dangerous people. And some Republican state lawmakers have said they’ll work to bolster ICE’s work within their borders.

Some lawmakers, legal experts and immigrant advocates worry about whether a lack of oversight from the federal government and the weak positions of state governments could give rise to even more violence as President Donald Trump continues his push to arrest immigrants who are living illegally in the United States.

Previous administrations have prioritized arresting immigrants living in the U.S. illegally who also have criminal records, but that isn’t the case in Trump’s second term.

“You can’t go after a murderer and a garden-variety immigration violator like a poor nanny or a poor landscaper with equal emphasis. This administration has abandoned all discretion and all priorities, and you create this narrative that you’re doing this patriotic, godly thing,” said Muzaffar Chishti, an attorney and policy expert at the Migration Policy Institute, a Washington, D.C., think tank.

Chishti said there has been a surge in abusive tactics that comes from a series of federal policies. He cited the massive infusion of inexperienced officers under heavy pressure to make arrests, the military-style tactics meant to create spectacle and fear, and the harsh rhetoric aimed, he said, at instilling warlike hostility toward immigrants and protesters.

More agents, more incidents

The number of ICE law enforcement agents doubled in less than a year, with Homeland Security announcing this month it has hired 12,000 new agents out of some 220,000 applicants. More agents have surged into cities such as Chicago and Minneapolis, their semiautomatic weapons, bulky vests and balaclavas often contrasting with local police officers wearing name badges and carrying sidearms.

Noem has insisted that ICE and other officers are the real victims of increased violence, citing instances like one on Jan. 14, when a man was shot in the leg by an ICE agent. She said in a news release that bystanders struck an officer with a snow shovel and broom handle in Minneapolis as the officer tried to catch a fleeing suspect. Noem called it “an attempted murder of federal law enforcement” in which, “ambushed by three individuals, the officer fired a defensive shot to defend his life.”

Court papers released Jan. 20 included an officer’s account of only two assailants, the suspect and a friend who owned the car he had been driving, and said the injured suspect was trying to escape into the apartment building and that tear gas had been used to force the men to surrender.

Noem, who claimed Monday that more than 10,000 immigrants have been arrested in Minnesota, has described some people living in the U.S. illegally as “foreign invaders.” She characterized Good’s shooting as self-defense against “an act of domestic terrorism.”

And in a press briefing Tuesday, Trump told reporters that the people being deported “make our criminals look like babies. They make our Hells Angels look like the sweetest people on Earth.”

Such descriptions have become a tool that incites violence, Chishti said.

“When they say that they were doing God’s work with Renee Good, that she was a domestic terrorist, when you frame it that way from the highest leadership of the agency, you’re basically sending a signal that there’s no accountability,” he said.

Democrats push back

State leaders who say they’re worried about violence are trying different approaches, though they can’t completely curb federal policies.

New York Democratic Gov. Kathy Hochul said state resources would not be used to assist in immigration raids, citing the shooting of Good. But local agencies in New York could still use other funds to help with raids.

New Mexico Democratic Gov. Michelle Lujan Grisham called for curbs on immigrant detention in the state, though two of three existing detention centers there could still continue to operate.

Colorado has launched a new system for claims of misconduct by federal agents, including ICE agents.

Some Republican-led states are taking the opposite tack, with Tennessee proposing legislation that would go beyond cooperation with federal immigration by setting up its own state immigration laws. If enacted, it would test the limits of a 2012 Supreme Court decision that struck down state-based immigration enforcement based on a similar Arizona law.

Tennessee is using White House guidance to draft the legislation, and other states are likely to follow. That would create new civil rights concerns if states pick up some of the same tactics as the federal government.

“That’s another way of unleashing the states, not only to work with the federal government, but also to acquiesce in the states’ enactment of their own immigration enforcement, detention, and removal regimes,” said Lucas Guttentag, a Stanford Law School professor who runs a project tracking federal immigration policy, speaking in a May interview published by Berkeley Journal of Criminal Law.

Combating the federal moves is already fraught, said Guttentag, who has served in immigration policy positions in the Obama and Biden administrations.

“No single political strategy can change it,” Guttentag told Stateline this week. “But litigation has proven both critical and effective in limiting some of the most egregious violations. The violence is a clear violation.”

It’s hard to police an administration that constantly pushes legal boundaries, Guttentag added.

“It’s like a ‘catch me if you can’ administration. They adopt tactics and basically challenge anyone to try to stop them.”

Two former federal prosecutors, Kristy Parker and Samantha Trepel, argued for state civil rights legislation and investigation in a Jan.14 op-ed published in The Guardian with the headline “Cities and states must hold ICE accountable for violence. The feds won’t.”

Accountability commissions — like one created by Illinois in October after ICE operations there — can help, they wrote, preserving evidence and gathering testimony in the face of federal obstruction, like the blocking of a state investigation into Good’s death in Minnesota.

Potential civil rights legislation

Another method mentioned by the former prosecutors: State civil rights legislation could theoretically give people harmed by federal agents a hearing in state court under a legal concept called “converse-1983.”

New York’s Gov. Hochul has proposed such legislation. A similar Wisconsin measure died in July when the Republican majority on the Assembly judiciary committee would not give it a hearing, said Democratic Rep. Andrew Hysell, the bill’s sponsor.

“It’s a positive approach to preserving our rights here in Wisconsin, our constitutional rights, because you can no longer count on the federal government to do that,” Hysell said. “In the situations we’ve seen in Minnesota, the federal government is crossing the line into what appears to be violations of constitutional rights.”

However, the idea of “converse-1983” has yet to be used successfully to sue a federal agent, and might never succeed, said John Preis, a law professor at the University of Richmond.

“I would be shocked if converse-1983 [lawsuits] went anywhere,” Preis said. “States may not enact laws that impede federal officers who were doing their jobs. A converse-1983 action would seem to do this.”

However, in some cases, such as the shooting death of Renee Good, victims may be able to successfully sue the federal government without such a state law, Preis said. The process is difficult but the lawsuit could succeed if a constitutional civil rights violation can be proven, he said. Attorneys for Good’s family announced Jan. 14 that they were considering a lawsuit.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

Minnesota Democratic U.S. Reps. Kelly Morrison, Ilhan Omar and Rep. Angie Craig arrive outside the regional Immigration and Customs Enforcement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. The lawmakers were denied entry to  the facility where the Department of Homeland Security has been headquartering operations in the state. (Photo by Stephen Maturen/Getty Images)

WASHINGTON — A Department of Homeland Security policy that barred unannounced visits for lawmakers seeking to conduct oversight at facilities that hold immigrants will remain in place, as ordered by a federal judge Monday.

District of Columbia federal Judge Jia Cobb issued an order that denied a request from a dozen Democratic lawmakers, on the technical grounds that an amended complaint or a supplemental brief must be made to challenge a seven-day notice policy instituted by Homeland Security Secretary Kristi Noem this month for oversight visits.

“The Court emphasizes that it denies Plaintiffs’ motion only because it is not the proper avenue to challenge Defendants’ January 8, 2026 memorandum and the policy stated therein, rather than based on any kind of finding that the policy is lawful,” according to Cobb’s order.

Earlier this month, Democrats brought an emergency request to Cobb after a handful of Minnesota lawmakers were denied an unannounced oversight visit to a federal facility that holds immigrants following the deadly shooting of a woman in Minneapolis by a federal immigration officer.

Under a 2019 appropriations law, any member of Congress can carry out an unannounced visit at a federal facility that holds immigrants, but in June, multiple Democrats were denied visits to Immigration and Customs Enforcement facilities. 

Those 12 Democrats sued over the policy that required a week’s notice, and in December, Cobb granted the request to stay Noem’s policy, finding it violated the 2019 law. 

Noem has now argued that the January incident does not violate Cobb’s stay from December, because the ICE facilities are using funds through the Republican spending and tax cuts law, known as the “One, Big Beautiful Bill,” and not the DHS appropriations bill. Noem argued that those facilities are therefore exempt from unannounced oversight visits by members of Congress. 

House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

Department of Homeland Security Secretary Kristi Noem at a Nashville press conference on July 18, 2025, to discuss arrests of immigrants during recent Immigration and Customs Enforcement sweeps. (Photo by John Partipilo/Tennessee Lookout)

WASHINGTON — A panel of appellate judges Wednesday heard a challenge from civil rights groups to the Trump administration’s decision to revoke an extension, as well as end, temporary protections for nearly 1 million immigrants from Haiti and Venezuela. 

The challenge comes from the National TPS Alliance, which represents immigrants with Temporary Protected Status because their home country is deemed too dangerous to return to due to violence, war, natural disasters or other instability. 

The hearing came two weeks after the U.S. military actions in Venezuela, where the country’s president and his wife were captured and brought to New York City to face an indictment. 

Despite the upheaval in the Venezuelan government from the U.S. operation, the Trump administration has continued to move forward with stripping TPS for more than 600,000 Venezuelans. 

Before Homeland Security Secretary Kristi Noem vacated extended protections put in place by the Biden administration, TPS for Venezuelans was set to expire in October. TPS for roughly 330,000 nationals from Haiti is set to expire Feb. 3, which the panel of judges acknowledged could make the issue of TPS for Haiti moot.

Ahilan T. Arulanantham, from the UCLA Center for Immigration Law, who is representing the National TPS Alliance, said there are members in all 50 states who are experiencing harm as a result of their TPS being terminated by the Trump administration.

He said some of those harms include “people separated from their infant children, families deported, people detained, lots of people detained.”

The panel of judges from the 9th Circuit Court of Appeals in Wednesday’s oral arguments are Kim McLane Wardlaw, Salvador Mendoza, Jr. and Anthony D. Johnstone. 

Former President Bill Clinton nominated Wardlaw and former President Joe Biden nominated Mendoza and Johnstone.

DOJ says Supreme Court in agreement

Department of Justice attorney Sarah Welch said because the Supreme Court has twice granted the Trump administration’s request to move forward with TPS termination for Venezuelans, the high court must have determined the Trump administration was likely to prevail in court. 

A lower court in December found that Noem’s decision to vacate protections for Venezuelans and end their TPS destination was unlawful.  

Wardlaw questioned how the Supreme Court’s decision, which was made on an emergency basis and gave no reasoning, impacted the case before the panel.

Welch said the Supreme Court “must have concluded that we were likely to succeed on the merits of that claim, whether or not it provided reasoning published in an opinion.”

Arulanantham said the Supreme Court’s orders regarding TPS for Venezuelans are “not precedent because the Supreme Court does not treat them as precedent.” He added that in the past, the Supreme Court has reversed its initial rulings, especially those made on an emergency basis. 

He also pushed back against Welch’s argument that Noem had the statutory authority to vacate an extension granted under TPS for Venezuelans. 

“The statute says once you have made an extension, it lasts for the time prior that’s given in the Federal Register notice,” Arulanantham said, referring to the TPS statute.

He added that the authority to vacate a TPS extension that Noem claimed is “nowhere written in the statute.” 

Federal agents stage at a front gate as Democratic Reps. Ilhan Omar, Kelly Morrison and Angie Craig of Minnesota attempt to enter the regional ICE headquarters at the Bishop Henry Whipple Federal Building on Jan. 10, 2026 in Minneapolis, Minnesota. (Photo by Stephen Maturen/Getty Images)

WASHINGTON —  U.S. District Court Judge Jia Cobb Wednesday probed whether the Trump administration has violated her court order, after Minnesota lawmakers said they were denied an oversight visit to a U.S. Immigration and Customs Enforcement facility following a deadly shooting by an immigration officer in Minneapolis. 

Democratic Reps. Ilhan Omar, Angie Craig and Kelly Morrison of Minnesota said they were denied entry to the Bishop Henry Whipple Federal Building in Minneapolis last weekend. 

An attorney representing the lawmakers, Christine L. Coogle, asked Cobb to make it clear to the Trump administration that her stay order is in place. 

Last month, Cobb issued a temporary block on a policy by Homeland Security Secretary Kristi Noem that required seven days notice for lawmakers to conduct oversight visits at ICE facilities.

Cobb found Noem violated a 2019 appropriations law, referred to as Section 527, that allows for unannounced oversight visits at facilities that hold immigrants. 

“If the government is using 527 funds to exclude members of Congress from (ICE) facilities, that does run afoul of my order,” Cobb said during Wednesday’s hearing.

Dems eye DHS funding 

As the Trump administration has carried out an aggressive immigration campaign, and with Democrats the minority party in both chambers of Congress, unannounced oversight visits to ICE facilities are one of the few tools Democrats can use. The other way they could try to counter the enforcement push is through appropriations to the Department of Homeland Security.

For example, the Congressional Progressive Caucus, which is made up of nearly 100 Democrats, vowed on Tuesday to vote against any DHS appropriations bill unless major changes are made at ICE regarding immigration enforcement.

Separately, Democrats on Wednesday introduced articles of impeachment against Noem. One count is connected to the denial of oversight visits. 

New Noem policy after Renee Good killing

One day after federal immigration officer Jonathan Ross killed 37-year-old Renee Good in Minneapolis, Noem issued a new memo for members of Congress who want to conduct oversight visits at ICE facilities. 

She required a seven-day notice, nearly identical to the policy that initially prompted the suit from Democrats last year.

Noem argued in her new policy that because those federal ICE facilities are using funds through the spending and tax cuts package, and not the DHS appropriations bill, they are therefore exempt from unannounced oversight visits by members of Congress. 

In an emergency request, Democrats argued the funds DHS is using apply under Section 527, and DHS is violating Cobb’s stay.

Cobb said on Wednesday she could not make a determination if her order was violated until she can get a clear answer from the Trump administration as to the source of the funds. She directed Department of Justice lawyers to determine what it is.

Funding stream question

In court filings, DOJ argued the facilities are funded through the “One, Big, Beautiful Bill Act” passed and signed into law last year, and that DHS does not need to comply with Section 527.

The OBBBA, passed through a congressional process called reconciliation, is allowed to adjust federal spending even though it is not an appropriations law.

Coogle said until OBBAA, the only funding for ICE came from appropriations, and argued the two funding streams can’t be separated. She said the Trump administration is trying to “make a game here” with appropriations law.

“Appropriations are not a game. They are the law,” Coogle said.  

The House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON — U.S. House Democrats Wednesday introduced three articles of impeachment against Homeland Security Secretary Kristi Noem, after a deadly shooting of a woman in Minneapolis by a federal immigration officer.

The Department of Homeland Security did not immediately respond to States Newsroom’s request for comment. 

The three articles of impeachment were introduced by Illinois Democratic Rep. Robin Kelly. Nearly 70 Democrats have co-signed, but as the minority party in both chambers, any support or movement for the articles will likely only occur if Democrats win the midterm elections and flip the House. 

“She needs to be held accountable for her actions,” Kelly said. “Renee Nicole Good is dead because Secretary Noem allowed her DHS agents to run amok.”

On Jan. 7, 37-year-old Renee Good was shot and killed by federal immigration officer Jonathan Ross in Minneapolis. Federal immigration officers have intensified immigration enforcement, leading to massive pushback from the community there and protests across the country. 

The articles from Kelly accuse Noem of obstructing Congress after lawmakers were denied oversight visits at DHS facilities that hold immigrants; violating public trust through due process violations of U.S. citizens’ and immigrants’ rights and aggressive warrantless arrests in immigration enforcement; and misusing $200 million in taxpayer funds by awarding a contract to a company run by the husband of DHS spokesperson Tricia McLaughlin, according to ProPublica.

A dozen members of Congress have sued Noem over those denied visits at ICE facilities to conduct oversight and were granted a stay to that policy by a federal judge. But Noem issued a new policy and last weekend several Minnesota lawmakers were blocked from visits to ICE facilities. 

A federal judge is currently probing to see if the new policy from Noem violates her court order from December. 

Kelly was joined by several Democrats, including Minnesota’s Angie Craig, who represents a swing district. 

“We are being terrorized by Homeland Security and ICE,” Craig said. “This has crossed a line. This rogue agency is violating the rights of American citizens in our communities, and last Wednesday … the escalation by ICE in our communities got Renee Good killed.”

Noem would not be the only Homeland Secretary to be impeached, should the House take that action. 

In 2024, Republicans impeached the Biden administration’s DHS secretary, Alejandro Mayorkas, on the grounds that he lied to Congress that the southern border was secure and that he violated his duty when he rolled back several Trump-era immigration policies. 

The Senate, then controlled by Democrats, dismissed the articles of impeachment.