ICE agent charged with assault during Operation Metro Surge files to move case to federal court

Sarah Nelson, The Minnesota Star Tribune on Jun 10, 2026

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MINNEAPOLIS — The lawyer representing the ICE agent accused of assault for allegedly pointing his gun at two motorists during Operation Metro Surge has asked to move the criminal proceedings from Hennepin County District Court into a federal courtroom.

In a notice filed Tuesday, attorney Ryan Pacyga asked the U.S. District Court for the District of Minnesota to oversee the case against his client, Gregory Donnell Morgan Jr., arguing the offenses occurred during his role enforcing federal law as an agent.

“Agent Morgan has the right to have this case heard in federal court,” Pacyga wrote.

The Hennepin County Attorney’s Office charged Morgan, 35, in April with two felony counts of second-degree assault with a dangerous weapon in the encounter that occurred in February on the shoulder of Hwy. 62 near Portland Avenue. He was released after posting $100,000 bond. If convicted, the assault charges carry a mandatory minimum sentence of 6 months in state prison.

In a statement, Hennepin County District Court spokesperson Daniel Borgertpoepping said: “Our office received the defense’s filing for removal to federal court, as was expected. We are prepared to argue against removal.”

Pacyga’s notice details Morgan’s point of view leading up to the alleged offense. The notice said Morgan and his ICE team were carrying out federal immigration operations in the Twin Cities on Feb. 5 when they encountered “significant hostility” from people who were throwing rocks, sex toys and yelling racial slurs at them.

According to the notice, Morgan’s team supervisor ordered the team to withdraw over concerns about escalating tensions and to regroup at the Minnesota Air Force Reserve base for further instructions. While Morgan was driving with his partner on the way to the base, a driver of a Cadillac sedan “intentionally, aggressively, and dangerously” swerved in front of the vehicle Morgan was driving, the court filing said.

The filing says the driver of the Cadillac swerved a second time and nearly caused a collision. Morgan then yelled to the other driver, “Police, stop, back off!” and brandished his gun. Pacyga wrote that by drawing his weapon Morgan intended to identify himself as law enforcement because his vehicle was unmarked and he had no other way to do so at the moment. After the incident, Morgan merged into the lane of traffic and regrouped at the base.

Pacyga intends to raise the defense that Morgan has immunity under the Supremacy Clause of the U.S. Constitution, arguing he was carrying out federal duties and should not be subject to state charges, the notice said. He also intends to argue that Morgan’s actions were defendable under ICE’s use-of-force policy, which Pacyga noted does not require a duty to retreat — unlike Minnesota law.

A federal judge will next decide whether to hold an evidentiary hearing to determine if the case should move to federal court. Court records show the case has been assigned to U.S. District Judge Nancy Brasel.

The state-level case against Morgan marked the first criminal charge levied against an ICE agent for actions during Operation Metro Surge. The second case was filed in May against Christian J. Castro, who’s accused of shooting a Venezuelan immigrant in north Minneapolis in January during the immigration operation and lying about the circumstances leading up to the gunfire. The Department of Homeland Security has been critical of the charges, referring to them previously as an unlawful “political stunt.”