Federal agents pepper-sprayed Minneapolis protesters outside Whipple building one day after court order barred it

On January 17, 2026, federal agents rushed the crowd outside the Bishop Henry Whipple Federal Building in Minneapolis and deployed chemical irritants against demonstrators — the same conduct that U.S. District Judge Katherine Menendez had specifically barred in a preliminary injunction issued the previous day. The January 16 injunction, issued in response to an ACLU lawsuit on behalf of six activists and observers, prohibited federal agents participating in Operation Metro Surge from arresting, retaliating against, or using pepper spray or other nonlethal munitions against peaceful protesters. DHS was given 72 hours to bring its operations into compliance. Federal agents used the prohibited chemical agents the following evening.

Rather than comply, the Trump administration moved to appeal and sought an emergency stay from the Eighth Circuit Court of Appeals. On January 21, the Eighth Circuit issued an administrative stay, and on January 26 it formally stayed the injunction during the appeals process, finding it vague and overly broad. Judge Menendez dissolved the preliminary injunction in April 2026. The January 17 incident is distinct from the injunction's subsequent appellate fate: the defiance occurred before any stay was in place, while the order was in full effect.

Updates

2026-01-18 — Noem denied, then defended, chemical-agent use on air [6, 7]

On CBS's "Face the Nation," DHS Secretary Kristi Noem said the January 16 injunction was unnecessary because "we already aren't doing" what it barred. After host Margaret Brennan cited video showing federal agents deploying chemical irritants, Noem did not recant the denial outright but shifted to defending the practice, saying officers "only use those chemical agents when there's violence happening and perpetuating."

2026-01-26 — Eighth Circuit formally stayed the Menendez injunction pending appeal

The Eighth Circuit Court of Appeals formally stayed the January 16 injunction, finding it vague and overly broad. The stay halted the protections for protesters while the appeal proceeded.