A federal judge in Minnesota has issued a critical temporary injunction, blocking the Trump administration from “destroying or altering evidence” connected to the deadly shooting of a civilian by a Border Patrol agent in Minneapolis over the weekend. This is a pretty major development because it shows just how little faith state officials have in the federal government’s willingness to conduct a fair investigation.
The ruling came down after the Hennepin County Attorney’s Office and the Bureau of Criminal Apprehension filed a lawsuit on Saturday, January 24, 2026, aiming to preserve key evidence in the death of Alex Pretti. Pretti, a 37-year-old Minneapolis resident, was tragically murdered by a Border Patrol agent during an immigration enforcement action known as Operation Metro Surge, per Fox.
This entire situation is intense, especially considering Pretti was a U.S. Department of Veterans Affairs ICU nurse. Medics did try to help him at the scene, but he was pronounced dead shortly after the shooting. The official story from the Department of Homeland Security, or DHS, is that Pretti approached the Border Patrol agents armed with a 9 mm pistol and “violently resisted” when they tried to disarm him. However, the actions taken by Minnesota’s top law enforcement officials suggest they are highly skeptical of that narrative, as are others.
It takes a judge to stop Trump from hiding the truth
Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty are leading the charge to gain access to the evidence. The lawsuit, filed in the U.S. District Court for the District of Minnesota, names a laundry list of federal agencies as defendants, including DHS, Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), U.S. Border Control, and Attorney General Pam Bondi.
The state officials argued that the litigation was necessary, accompanied by a motion for a temporary restraining order, because they believed the federal agencies were preventing them from inspecting the evidence and might try to destroy it.
Judge Eric Tostrud agreed with the state’s concerns and granted the temporary injunction. His order explicitly states that federal officials and anyone acting on their behalf cannot destroy evidence taken from the scene of the south Minneapolis shooting or any evidence currently in their exclusive custody. The judge scheduled a hearing for Monday to review the order further.
Minnesota Attorney General Ellison made it clear that state officials aren’t messing around when it comes to accountability for federal agents operating within their jurisdiction. “Federal agents are not above the law and Alex Pretti is certainly not beneath it,” Ellison stated strongly. He insisted that a “full, impartial, and transparent investigation” into Pretti’s fatal shooting at the hands of DHS agents is “non-negotiable.” He added that his team is fighting to ensure that “justice will be done.”
Ellison also expressed his deep “intense grief and anger” over Pretti’s death during President Trump’s Operation Metro Surge. The Attorney General’s office plans to argue in court on Monday to try and end what he called “this illegal and unconstitutional occupation of our cities and the terror and violence it’s inflicting.” It’s clear they view this enforcement action as an overreach.
Hennepin County Attorney Mary Moriarty echoed Ellison’s drive for transparency, noting that her office has jurisdiction to review the matter for potential criminal conduct by the federal agents involved.
“I will not rest, my team will not rest, until we have done everything in our power, everything within our authority, to achieve transparency and accountability,” Moriarty said in a statement. She confirmed that the lawsuit is just one of the many actions her office is taking “to ensure that a thorough and transparent investigation can be completed at the state level.”
Published: Jan 26, 2026 10:40 am