Another leftist judge

www.americanthinker.com

Margot Cleveland notes that District Judge Katherine Mendez just enjoined ICE from doing a few things in Minnesota:

District court's order re ICE in Minnesota is a big nothing-burger since ICE is not confronting "peaceful and unobstructive protest activities." And highly doubtful d is happening either. pic.twitter.com/puUxDfVUgq
— Margot Cleveland (@ProfMJCleveland) January 17, 2026

Horror of horrors, we have another lawless leftist judge. Time to impeach!

Right.

It’s time to read, not react. A leftist judge ordered ICE not to do something. No surprise there. But the actual order is, shall we say, far less than it appears. The judge recites several accounts of people supposedly being abused by ICE agents.

A common thread runs through the stories. ICE was in the field doing its job. During the event, various agitators began interfering with ICE. The events run from stepping within arm’s reach to video recording to physically attacking officers in the act of arresting an offender. Along the way, there are multiple accounts of resisting arrest.

X screen grab (cropped).

Some events are uncorroborated, while others are documented by video. In short, the common thread is illegal activity by protesters. By definition, no illegal activity is peaceful. Assaulting an officer, resisting arrest, and interfering with an officer in the performance of his duty are all felonies. With that background, it’s time to look at the actual injunction.

Judge Mendez ordered that ICE officers in Operation Metro Surge, not the regular ICE officers in Minneapolis, are not allowed to do certain things to “persons who are engaging in peaceful and unobstructive protest activity.” At this point, we must ask how the judge defines that term. Is it a lawful activity that stays out of the officers’ way and doesn’t warn potential targets that ICE is coming? Or is it more like the “mostly peaceful protests” in the George Floyd Summer of Love?

The real problem here is definitions. ICE isn’t supposed to “retaliate.” (Injunction item (a).) It can’t arrest or detain “persons who are engaging in peaceful and unobstructive protest activity (b).” Pepper spray, non-lethal munitions, and crowd dispersal tools are forbidden (c). ICE can’t stop or detain drivers or passengers who are following ICE vehicles without articulable suspicion that they are acting unlawfully. Simply following isn’t enough (Item (d)).

On their face, these orders are a complete nothingburger. The Judge is merely ordering ICE to follow the law. And there is very little, if any, evidence that ICE is breaking the law. Let’s start with safe distances.

Every police officer learns about the Tueller Drill. Demonstrated many times in Court with rubber knives, it shows that an attacker can easily cross 21 feet to assault a defender in 1.5 seconds, which is generally considered the minimum length of time to assess an attack and respond.

Someone filming with a cellphone isn’t a threat, unless they are. An officer has no way of knowing if they’re concealing a knife or a gun with evil intent. If they’re inside that 21-foot perimeter, they’re too close for officer safety.

Thus, any protester within 21 feet of an officer is obstructing the officer. Responding to encroachment with pepper spray, rubber bullets, or fire hoses is therefore a proper way to protect ICE officers and is within the order's text. Videographers should simply use the zoom function on their cameras. An iPhone 16 has 5x optical zoom and supplemental digital zoom. That can record almost anything of interest from a safe distance.

We shouldn’t need to go through all the bits and pieces. Justice Kavanaugh held that an assessment of multiple factors is enough to justify detention. It’s not necessary to assemble evidence beyond a reasonable doubt.

When a car is following ICE and the passenger has a phone to his ear, that’s articulable suspicion that he’s obstructing ICE enforcement actions. When a protester refuses to back up to a 21-foot perimeter, he’s obstructing ICE enforcement actions. And courts are required, under the doctrine of Qualified Immunity, to view the circumstances from the ICE officer’s perspective. That means the benefit of the doubt goes to ICE.

But we shouldn’t count on Judge Mendez actually following the law, and the DOJ is certain to appeal. Until then, perhaps the best thing in midwinter Minneapolis is to throw cold water on the protests when they breach a proper perimeter.

Ted Noel is a retired physician who posts on social media as Doctor Ted. His occasional Doctor Ted’s Prescription podcast is available on multiple podcast channels.