8th Circuit blocks order limiting ICE arrests at protests

The 8th Circuit Court of Appeals issued a stay on Jan. 27, 2026, blocking Judge KMKatherine Menendez's Jan. 16 order that restricted federal immigration agents' actions toward protesters. The appeals court ruled the lower court order was 'too broad and vague.' The stay restores federal agents' ability to arrest, detain, and use pepper spray on people at protest sites during immigration enforcement operations.

Judge Menendez's original order prohibited federal agents from arresting or detaining peaceful protesters without probable cause during Operation Metro Surge. The order specifically banned arrests without individualized probable cause of criminal activity. It also prohibited pepper-spraying protesters and retaliating against them for First Amendment-protected activities.

The 8th Circuit panel unanimously granted the government's emergency stay request, but the decision wasn't entirely unanimous. Judge RGRaymond Gruender filed a partial dissent on the pepper spray restriction. He indicated he would have upheld the lower court's prohibition on pepper-spraying peaceful protesters even while staying other parts of the order.

The underlying lawsuit is Tincher v. Noem, case number 25-cv-4669 in district court and 26-1105 on appeal. Six protesters filed the case on Dec. 17, 2025, via the ACLU of 🦆Minnesota. The plaintiffs allege federal agents violated their First and Fourth Amendment rights during immigration enforcement operations in Minneapolis and St. Paul.

Attorney General Pam Bondi praised the 8th Circuit ruling, saying the court 'foiled an attempt to handcuff ICE agents trying to deport illegal alien criminals.' Bondi's statement framed the stay as a victory for immigration enforcement and positioned Judge Menendez's order as an obstruction of federal law enforcement operations.

The stay means federal agents can now arrest people at protest sites without the restrictions Judge Menendez imposed. Agents don't need individualized probable cause of criminal activity to detain someone present at a protest during an immigration enforcement operation. The government can also use pepper spray on protesters while the appeal proceeds.

The practical effect is immediate. Federal immigration agents conducting Operation Metro Surge raids can arrest bystanders and protesters at enforcement sites without showing each person committed a crime. This reverses the protection Judge Menendez provided for people exercising First Amendment rights near immigration enforcement actions.

The stay remains in place while the 8th Circuit hears the government's full appeal of Judge Menendez's order. The court hasn't set a schedule for oral arguments or a decision on the merits. Until the appeals court rules on the underlying case, the restrictions on federal agents don't apply.