Minneapolis live updates: ICE arrest powers expanded, memo says

A witness to Saturday’s fatal shooting by a U.S. Customs and Border Protection officer in Minneapolis of 37-year-old Alex Pretti said in a court declaration that Pretti was attempting to help a woman who was pushed to the ground by federal agents before he was shot.

The witness -- whose name was redacted in court documents filed by the ACLU as part of an emergency appeal to halt federal agents' conduct in Minneapolis -- said a CBP agent pepper-sprayed three observers, including Pretti, before the woman was shoved to the ground.

"The ICE agents just kept spraying," the witness said, according to the court declaration. "More agents came over and grabbed the man who was still trying to help the woman get up."

The witness said that agents pushed Pretti to the ground, adding, "It didn’t look like he was trying to resist, just trying to help the woman up," according to the filing.

The Department of Homeland Security claims Pretti approached officers with a 9mm semi-automatic handgun and when officers attempted to disarm him, he "violently resisted."

Minneapolis Police Chief Brian O'Hara said Pretti was a lawful gun owner with a license to carry a concealed weapon.

"I have read the statement from DHS about what happened and it is wrong," the witness said, according to the declaration. "The man did not approach the agents with a gun. He approached them with a camera. He was just trying to help a woman get up and they took him to the ground."

-ABC News' Luke Barr

A judge in Minnesota has granted the temporary restraining order sought by local officials preventing Trump administration officials from destroying any evidence related to Saturday’s fatal shooting.

“Defendants, together with their employees, agents, and anyone acting in concert with them, are ENJOINED from destroying or altering evidence related to the fatal shooting involving federal officers that took place in or around 26th Street and Nicollet Avenue in Minneapolis on January 24, 2026, including but not limited to evidence that Defendants and those working on their behalf removed from the scene and/or evidence that Defendants have taken into their exclusive custody,” Judge Eric C. Tostrud ordered.

A hearing has been set for Monday.

-ABC News' Armando Garcia

The Hennepin County Attorney’s office and the Minnesota Bureau of Criminal Apprehension have filed a lawsuit attempting to “prevent the destruction of evidence related to the shooting of Alex Pretti,” the officials said in a press release Saturday.

According to court documents, they’re asking a federal judge to issue a temporary restraining order that would prevent officials at the Department of Homeland Security, including DHS Secretary Kristi Noem, as well as Attorney General Pam Bondi and FBI Director Kash Patel from "from destroying or failing to preserve evidence" related to the shooting.

In court filings, local officials accuse officials of hastily removing evidence from the scene of the shooting, reportedly seizing cell phones and detaining witnesses as federal agents ordered Minnesota law enforcement to leave the scene.

“A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable," Minnesota Attorney General Keith Ellison said in a statement. "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.”

-ABC News' Armando Garcia

In new court filings Saturday night, city attorneys for Minneapolis and St. Paul are painting a picture of the chaotic moments that ensued after the fatal shooting of Alex Pretti and are asking a judge to take immediate action to temporarily restrain federal agents’ tactics and to declare the deployment of thousands of federal immigration agents unlawful.

In a sworn declaration, Minneapolis Assistant City Attorney Heather Robertson said federal agents initially asked Minneapolis police officers to leave the scene after the shooting, “but MPD stayed to hold the crime scene.” Robertson said an MPD officer rode in the ambulance with Alex Pretti and that as Border Patrol and ICE agents began to line up wearing riot gear, at least one 911 caller requested assurance that Minneapolis police officers were on the scene.

She also said that in the minutes after the shooting, “Minneapolis 911 callers also reported that ICE agents were attempting to detain 30 bystanders.”

City officials for both Minneapolis and St. Paul submitted a letter to the court asking Judge Katherine Menendez to reconsider her decision to convert a request for a temporary restraining order into a motion for preliminary injunction and to take immediate action.

“We need the Court to act to stop this Surge before yet another resident dies because of Operation Metro Surge,” wrote the solicitor general, the Minneapolis city attorney, and the St. Paul city attorney.

-ABC News' Armando Garcia