Homeland Security Secretary Kristi Noem defended federal agents’ use of crowd-control measures during an interview on CBS’s Face the Nation on Sunday, insisting chemical agents such as pepper spray are deployed only in response to violent threats during ongoing riots in Minnesota.
Noem rejected claims that federal agents misused pepper spray on protesters, arguing that a recent court order did not materially change existing procedures for officers in the field. She added that DHS agents already follow strict rules and safety protocols, and only bring out chemical agents when things actually turn violent.
The comments come amid heightened tensions in Minneapolis during Operation Metro Surge, the Trump administration’s effort to deport criminal illegal aliens amid escalating unrest in the Twin Cities.
Tensions have also been fueled by sharp rhetoric from Minnesota Democrats, including recent remarks by Rep. Ilhan Omar criticizing federal immigration enforcement during a St. Paul hearing.
Noem reiterated that these crowd control tactics are essential for officer safety, let alone effective immigration control, rejecting claims of any overreach or abuse of power from the agents.
“We only use those chemical agents when there’s violence happening and perpetuating, and you need to be able to establish law and order to keep people safe,” Noem told host Margaret Brennan, adding that the judge’s ruling echoed pre-existing DHS guidelines.
Noem’s appearance followed a preliminary injunction issued late last week by Judge Katherine Menendez in Minnesota federal court. In her 83-page order, dated January 16, Menendez barred federal agents involved in Operation Metro Surge from using pepper spray or similar “nonlethal tools” against anyone engaged in “peaceful and unobstructive protest activity.” The ruling also prohibits arrests, detentions, or retaliation against peaceful protesters or observers, including those recording ICE actions, and restricts vehicle stops without reasonable suspicion of criminal interference.
Menendez’s order cites evidence, including eyewitness accounts, alleging at least four instances in which chemical irritants were deployed without warning during protected First Amendment activity.
The injunction, stemming from a lawsuit by the ACLU of Minnesota and others, applies specifically to the Minnesota operation and aims to safeguard peaceful protests or “demonstrations” while allowing ICE enforcement efforts to proceed. However, DHS officials, including Noem, have dismissed the order as unnecessary, arguing that it already aligns with their standard procedures and overlooks the real dangers faced by agents from unruly crowds.
However, Menendez’s order does not clearly or directly address if ICE agents should be allowed to use pepper-spray during violent riots that have continued to occur across Minnesota in recent weeks.
Protests in Minneapolis specifically have intensified since early January, fueled by a fatal shooting of a woman who tried to run over an ICE agent with her car on January 7.
The Dallas Express reported last week on viral videos from multiple riots in Minnesota, including an incident in which agitators used a tow hook to break open a locked ICE vehicle and stole a firearm, ammunition, and confidential documents. Additionally, over a dozen criminal agitators were arrested in a separate round-up last week, including one man illegally armed with a pistol who was threatening to kill ICE agents.
DHS press releases state that Operation Metro Surge has resulted in additional arrests of high-priority criminal targets, including murderers, sexual predators, and drug traffickers — illegal aliens previously released into communities under sanctuary policies supported by Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey. A January 15 DHS update gave a good example of the recent busts, with a statement detailing the arrest of three violent criminal illegal aliens who assaulted officers with weapons.
Noem and DHS have consistently defended Operation Metro Surge as a necessary crackdown on the rampant fraud and crime, with the department’s official X account continuing to highlight daily successes in removing “the worst of the worst” despite the ongoing riots and attacks.
Amid the unrest, the Pentagon has mobilized approximately 1,500 troops from Alaska-based units for potential deployment to support Operation Metro Surge if riots escalate further, according to The Washington Post.
Defense officials confirmed that two battalions from the Army’s 11th Airborne Division, specializing in cold-weather operations, are on prepare-to-deploy orders as a precautionary measure.
This preparation of Troops follows President Trump’s threats to invoke the Insurrection Act in response to unrest, though no final decision has been made as of press time. Pentagon spokesman Sean Parnell has said that the Department of Defense stands ready to execute orders if called upon.
The mobilization underscores the administration’s commitment to expanding federal enforcement efforts in Minnesota, where nearly 3,000 ICE and Border Patrol agents are already deployed in what DHS has described as the largest immigration operation in U.S. history.
