Minnesota Bureau of Criminal Apprehension v. Noem

Minnesota AG and the Hennepin County Attorney sue the Department of Homeland Security to require federal authorities to preserve evidence in the investigation of the killing of legal observer Alex Pretti during anti-ICE protests.

On January 24, 2026, Attorney General Keith Ellison of Minnesota, representing the Minnesota Bureau of Criminal Apprehension (BCA), and the Hennepin County Attorney’s Office sued the Department of Homeland Security (DHS) to require federal authorities to preserve evidence in the investigation of the killing of legal observer Alex Pretti during anti-ICE protests after federal authorities blocked state and local investigators from the scene of the murder of Alex Pretti. Earlier on that same day, federal agents fatally shot Minnesota resident and intensive care nurse Alex Pretti amid the DHS’s massive immigration crackdown in the state.

Following the deadly shooting, federal personnel allegedly ordered Minnesota law enforcement to leave the scene, denying them access to critical evidence necessary to investigate crimes under state law. Federal personnel seized cell phones and detained witnesses, but it is unclear whether federal personnel otherwise processed the scene, let alone how carefully. Just a few hours after the shooting, federal personnel left, allowing the perimeter to collapse and potentially spoiling evidence. Both BCA and local authorities have been blocked from investigating the shooting. Through their lawsuit, Minnesota Attorney General Keith Ellison, on behalf of the BCA and the Hennepin County Attorney’s Office, seek to gain access to evidence related to the shooting and to stop DHS from destroying evidence.

On January 24, 2025, the court issued a temporary restraining order blocking the Trump administration from “destroying or altering evidence” related to Pretti’s death.

Federal agents are not above the law and Alex Pretti is certainly not beneath it. A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable. Minnesota law enforcement is currently carrying out such an investigation, and it is essential that the evidence collected by federal agents is preserved and turned over to state officials. Today’s lawsuit aims to bar the federal government from destroying or tampering with any of the evidence they have collected. Justice will be done. Attorney General Keith Ellison

Case Details

AG Posture

Plaintiff

Plaintiffs

Defendants