Blue Press Journal (MN) — January 25, 2026 — In a late-night ruling that could reshape the relationship between federal agencies and state-level law enforcement, a federal judge in Minnesota has blocked the Department of Homeland Security (DHS) from destroying or altering evidence in the fatal shooting of Alex Pretti, a 37-year-old Minneapolis resident killed by a Customs and Border Protection (CBP) agent on January 24.
The order — issued by Judge Eric C. Tostrud, a Trump-appointed United States District Court judge — comes amid escalating tensions between Minnesota’s investigative authorities and federal agencies over transparency, accountability, and jurisdiction in officer-involved shootings.
The Court’s Intervention
In his temporary restraining order (TRO), Judge Tostrud prohibited DHS, Immigration and Customs Enforcement (ICE), CBP, and U.S. Border Patrol from “destroying or altering evidence related to the fatal shooting involving federal officers” near 26th Street and Nicollet Avenue in South Minneapolis.
The lawsuit was brought forward jointly by the Minnesota Bureau of Criminal Apprehension (BCA), the Hennepin County Attorney’s Office, and the Minnesota Attorney General’s Office. At its core, the legal action seeks to preserve crucial evidence in a case where state investigators say they’ve been deliberately excluded by federal authorities.
“We’re in uncharted territory here,” BCA Superintendent Drew Evans said during a Saturday press conference. “It’s been a long-standing understanding, both within our state and across the country, that entities like the BCA — which conduct the vast majority of officer-involved shooting investigations — are asked to investigate federal agents involved in shootings. That’s not happening here.”
DHS and CBP Under Scrutiny
This case is not an isolated incident. Earlier in January 2026, another ICE officer fatally shot Renee Good, also 37, in Minneapolis. In that case, state and local law enforcement — including the BCA — were similarly shut out of the investigation.
Critics say this pattern reflects a deliberate strategy by DHS and CBP to avoid independent oversight in fatal use-of-force cases. According to reporting by The Washington Post (source) and The Hill (source), federal agencies have increasingly resisted state-level investigative involvement, citing “internal protocols” and “operational security.”
However, civil rights advocates argue that this approach undermines public trust and may violate accountability norms established after decades of efforts to ensure transparency in officer-involved shootings.
The Trump Administration’s Legacy on Federal Accountability
Judge Tostrud’s involvement adds a political layer to the controversy. Appointed by former President Donald Trump in 2018, Tostrud has historically sided with federal agencies in jurisdictional disputes. Yet, in this case, his TRO represents a rare rebuke of DHS’s handling of evidence in deadly force incidents.
It’s worth noting that the Trump administration repeatedly expanded the authority of federal immigration and border enforcement agents while limiting state oversight. According to ProPublica (source), these policies — including allowing CBP officers broader latitude in use-of-force situations — have been linked to increased incidents of deadly shootings involving federal agents.
Minnesota Leaders Demand Transparency
Following the court ruling, Attorney General Keith Ellison issued a sharp statement:
“Alex Pretti was killed by DHS agents in broad daylight in front of all
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