U.S. Border Patrol Cmdr. Gregory Bovino joins federal agents at the scene of a shooting, Jan. 7, in Minneapolis. (Ellen Schmidt/MinnPost via AP)
Bovino's comments after U.S. District Judge Kate Menendez issued a ruling Friday in a case filed in December on behalf of six Minnesota activists, represented by the American Civil Liberties Union of Minnesota, barring federal officers from detaining or deploying tear gas against peaceful protesters who are not obstructing authorities while participating in Operation Metro Surge.
The ruling prohibits federal agents from retaliating against peaceful protesters or observers, adding that federal agents must show probable cause or reasonable suspicion that someone has committed a crime or is interfering with law enforcement operations.
Federal agents cannot use pepper spray or other non-lethal munitions and crowd-dispersal tools against peaceful protesters, according to the ruling, and peacefully following officers "at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop."
Federal agents deploy tear gas as anti-ICE agitators move through a smoke-filled street during an immigration enforcement operation in Minneapolis, Jan. 13. (Mostafa Bassim/Anadolu via Getty Images)
"Thank you to the ACLU and the plaintiffs for standing firm in defense of this bedrock freedom," he added.
After the ruling, DHS Assistant Secretary Tricia McLaughlin said that the First Amendment does not protect "rioting," adding that DHS is "taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters."
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"We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony," McLaughlin said in a statement to Fox News Digital. "Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers."
McLaughlin added that law enforcement has followed their training and has "used the minimum amount of force necessary to protect themselves, the public, and federal property."
Michael Sinkewicz is a writer for Fox News Digital. Story tips can be sent to michael.sinkewicz@fox.com
https://www.foxnews.com/politics/border-patrol-commander-vows-keep-using-tear-gas-we-use-those-less-lethal-munitions