ICE agent accused of pointing gun at 2 people on Twin Cities highway files motion to move case to federal court

Hennepin County Attorney Mary Moriarty says her office is prepared to prosecute the case against an Immigration and Customs Enforcement agent accused of pointing a gun at two people on a Twin Cities highway regardless of whether the case ends up in federal or state court.

The statement comes a week after Gregory Morgan Jr. filed a request to move his case from state to federal court, claiming his status as a federal officer entitles him to be tried in a federal court. The Hennepin County Attorney's Office on Wednesday filed its opposition to that request.

Morgan was charged in Hennepin County in April with two counts of second-degree assault in the Feb. 5 incident. Court documents say that the two victims were driving east on Highway 62 on the Interstate 35W interchange when Morgan approached from behind in an unmarked black Ford Expedition. He was driving illegally on the right shoulder when the victim in the other car said they moved in front of him to "cut him off." 

The victim then moved back to the traffic lane and Morgan pulled up beside them, pointing a black handgun at the two occupants of the car, charges say. The occupants, not realizing that Morgan was an ICE agent, called 911.

In an interview, Morgan said he was "conducting surveillance on behalf of ICE" and said he feared for his safety when he was cut off on the highway. He said he drew his firearm and said something to the effect of "Police, stop," then drove back to the Whipple Federal Building near Fort Snelling.

Morgan's legal team argues he has immunity under the Supremacy Clause — a legal doctrine protecting federal officials and agents from state prosecution when they are acting reasonably and necessarily within the scope of their lawful duties. They say Morgan "was providing immediate assistance to another ICE agent who was threatened by bodily harm which arose out of the duty to enforce federal law," and that his actions were "necessary and proper in the performance of his federal duties."

The Hennepin County Attorney's Office countered that Morgan cannot prove he is charged for an act taken within the scope of his federal employment and "fails to assert any meaningful causal connection between his conduct...and his official federal authority." Additionally, prosecutors say Morgan's actions were "unwarranted and plainly unreasable under the circumstances."

Next, a federal judge will either deny Morgan's motion and send the case back to state court or schedule a hearing for the parties to argue their positions.

If the case is moved to federal jurisdiction, it will still be prosecuted by the Hennepin County Attorney's Office.

Court documents show Morgan was sworn in as an ICE agent last September and is based in the Washington, D.C. area, but came to the Twin Cities for the second wave of Operation Metro Surge in February.

Note: The video above originally aired on April 16, 2026.