Minnesota charges ICE agent with felony assault after pointing gun at drivers on Twin Cities highway

Hennepin County prosecutors charged federal ICE agent Gregory Donnell Morgan Jr. with two counts of second-degree assault for allegedly pointing a handgun at two residents during a rush-hour traffic incident on February 5. County Attorney Mary Moriarty announced the charges Thursday, describing them as potentially the first nationwide against a federal immigration agent amid ICE's Operation Metro Surge in Minneapolis.

Gregory Donnell Morgan Jr., a 35-year-old ICE agent from Temple Hills, Maryland, was driving an unmarked black Ford Expedition SUV back to a federal building in Minneapolis at the end of his shift on February 5. During rush-hour traffic eastbound on Highway 62 at the Interstate 35W interchange, Morgan drove illegally on the right shoulder and encountered a white Cadillac. According to the criminal complaint, the Cadillac attempted to merge or cut in front of him; Morgan then pulled alongside, rolled down his window, and pointed a black handgun at the driver and front-seat passenger. Wearing only a black T-shirt with no uniform, markings, lights, or sirens, Morgan yelled something inaudible to the victims—who were unaware he was a federal agent. Fearing for their safety, the passengers immediately called 911.

Local police collected evidence including 911 logs, witness statements, cellphone footage, and surveillance video. In a voluntary interview with the Minnesota State Patrol, Morgan admitted drawing his weapon but claimed the Cadillac had swerved in front of him, prompting fear for his safety as he yelled 'Police, stop!' He did not claim to be conducting an enforcement operation or emergency response.

Hennepin County Attorney Mary Moriarty announced the two felony charges Thursday, calling the actions 'extremely dangerous' and beyond Morgan's authority. She believes this marks the first such prosecution against a federal immigration agent nationwide. The incident occurred during the Trump administration's Operation Metro Surge, an immigration enforcement effort targeting Minneapolis.

Prosecutors aim to challenge whether federal agents enjoy immunity under the Constitution's supremacy clause for actions outside authorized duties. Harrison Stark, senior counsel at the University of Wisconsin Law School’s State Democracy Research Initiative, noted that brandishing a firearm in a traffic misunderstanding 'stretches the boundaries of on-duty conduct' and may not qualify as necessary for ICE duties.

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