The Upper Midwest Law Center, representing U.S. Immigration and Customs Enforcement Agent Gregory Donnell Morgan, Jr., is asking a federal court to keep the state prosecution against him in federal court, arguing that federal law protects officers from state interference when they are carrying out their official duties.
Morgan faces a second-degree assault charge stemming from a February 5 encounter while he was deployed to the Twin Cities as part of a federal immigration enforcement operation.
According to the filing, Morgan and his partner were returning to base after being ordered to leave a hostile area when a driver twice swerved toward their vehicle. Morgan briefly displayed his service weapon, identified himself as police and told the driver to back away. No one was injured.
UMLC argues that Morgan was acting under color of his federal office and easily meets the requirements of the federal officer removal statute, 28 U.S.C. § 1442. The filing also states that Morgan will assert Supremacy Clause immunity as a defense to the state prosecution.
“Agent Morgan was on duty, acting under federal authority and protecting himself and his partner when this encounter occurred,” said Rachel K. Paulose, Managing Attorney at UMLC and counsel for Morgan. “Federal law exists specifically to ensure that officers facing state prosecution for actions tied to their federal responsibilities can have their defenses heard in federal court.”
The memorandum also argues that the history and purpose of the federal officer removal statute are directly relevant to Morgan’s case. Congress created and repeatedly expanded the law to protect federal officers from state interference and local hostility toward unpopular federal laws or officials.
The filing points to public statements by Hennepin County Attorney Mary Moriarty criticizing ICE and federal immigration enforcement and argues that those statements reinforce the need for a neutral federal forum.
“This is exactly why constitutional limits and federal protections matter,” said Dr. Douglas P. Seaton, Founder and President of UMLC. “State officials cannot use their authority to interfere with federal officers simply because they disagree with federal policy. Government power has boundaries, and UMLC will continue holding public officials accountable when those boundaries are crossed.”
UMLC is asking the court to allow the prosecution to remain in federal court so Morgan can present his federal defenses, including his claim of Supremacy Clause immunity.
Click here to view the brief filed.