WASHINGTON (AP) — Two federal officers fired shots during the encounter that killed ICU nurse Alex Pretti over the weekend in Minneapolis, a Customs and Border Protection official told Congress in a notice sent Tuesday, while Ecuador’s minister of foreign affairs filed an objection saying immigration agents tried to enter the country's consulate in the city without permission.
Officers tried to take Pretti into custody and he resisted, leading to a struggle, according to a notification to Congress obtained by The Associated Press. During the struggle, a Border Patrol agent yelled, “He’s got a gun!” multiple times, the official said.
A Border Patrol officer and a CBP officer each fired Glock pistols, the notice said.
Investigators from CBP’s Office of Professional Responsibility conducted the analysis based on a review of body-worn camera footage and agency documentation, the notice said. The law requires the agency to inform relevant congressional committees about deaths in CBP custody within 72 hours.
Separately, a man was arrested after he sprayed an unknown liquid at U.S. Rep. Ilhan Omar while she was speaking at a town hall meeting in Minneapolis. The Democrat had just called for the abolishment of Immigration and Customs Enforcement and for Homeland Security Secretary Kristi Noem to resign when she was sprayed.
Trump says 'we're going to de-escalate a little bit'
The developments came a day after President Donald Trump ordered border czar Tom Homan to take over his administration’s immigration crackdown in Minnesota in the wake of Pretti's death, which was the second fatal shooting this month of a person at the hands of immigration law enforcement.
By sending Homan to Minnesota, “we’re going to de-escalate a little bit,” Trump said during an interview on Fox News’ “Will Cain Show.” That’s significant since White House press secretary Karoline Leavitt, when questioned repeatedly Monday about Homan’s being dispatched to Minnesota, refused to say that doing so was an effort to calm the situation.
The president added of Homan, “Tom, as tough as he is, gets along” with governors and mayors, even in Democratic areas.
As he left the White House on Tuesday, the president was asked whether Pretti’s killing was justified. He responded by saying that a “big investigation” was underway. In the hours after Pretti’s death, some administration officials sought to blame the shooting on the 37-year-old intensive care nurse.
Stephen Miller, Trump’s deputy chief of staff who had initially called Pretti “an assassin,” issued a statement suggesting CBP officers in Minneapolis “may not have been following” protocol. He said the Homeland Security Department’s initial statements about what transpired on Saturday was “based on reports from CBP on the ground.”
Ecuador files a protest with the US Embassy
A video of the Ecuadorian consulate entry attempt posted on social media shows a staffer running to the door to turn the Immigration and Customs Enforcement agents away, telling them, “This is the Ecuadorian consulate. You’re not allowed to enter.” One ICE officer can be heard responding by threatening to “grab” the staffer if he touched the agent before agreeing to leave.
International law generally prohibits law enforcement authorities from entering foreign consulates or embassies without permission, though sometimes permission may be assumed granted for life-threatening emergencies, like fires.
“Consulate officials immediately prevented the ICE officer from entering the consular building, thus ensuring the protection of the Ecuadorians who were present at the time and activating the emergency protocols issued by the Ministry of Foreign Affairs and Human Mobility,” the ministry wrote on X.
A “note of protest” was filed with the U.S. Embassy in Ecuador so that similar attempts aren’t made at other consulates, the ministry said. The State Department, Homeland Security and Immigration and Customs Enforcement did not immediately respond to requests for comment.
Trump says of sending Bovino to Minneapolis: ‘Maybe it wasn’t good here’
Immigration enforcement activity witnessed by journalists in Minneapolis and surrounding suburbs on Tuesday appeared comparable with recent weeks. As before, most didn’t result in major confrontations with agents. Activists say they continue to monitor enforcement operations through social media and chats on messaging apps.
The White House had tried to blame Democratic leaders for the protests of immigration raids. But after Pretti’s killing and videos suggesting he was not an active threat, the administration tapped Homan to take charge of the Minnesota operation from Border Patrol commander Gregory Bovino.
Trump said Bovino, the go-to architect for the president’s large-scale city-by-city immigration crackdowns, was “very good” but added “he’s a pretty out-there kind of a guy” and “maybe it wasn’t good here.”
Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey, along with the city's police chief, met with Homan on Tuesday and agreed to keep talking. Homan posted on social media that the discussions “were a productive starting point.”
Courts weigh in on detained immigrants
In Texas, a federal judge issued a temporary order prohibiting the removal of a 5-year-old Ecuadorian boy and his father who were detained last week in Minnesota in an incident that further inflamed divisions on immigration. U.S. Judge Fred Biery ruled Monday that any removal or transfer of 5-year-old Liam Conejo Ramos and his father, Adrian Alexander Conejo Arias, is on hold while a court case proceeds.
Also in Texas, federal immigration authorities released an Ecuadorian man whose detention led the chief federal judge in Minnesota to order the head of ICE to appear in his courtroom, the man's attorney said.
Attorney Graham Ojala-Barbour said the man was released in Texas. The lawyer said in an email to The Associated Press that he was notified in an email from the U.S. attorneys office in Minneapolis that his client had been freed.
In an order dated Monday, Chief Judge Patrick J. Schiltz expressed frustration with the Trump administration’s handling of immigration cases. He took the extraordinary step of ordering Todd Lyons, the acting director of ICE, to personally appear in his courtroom Friday.
Schiltz had said in his order that he would cancel Lyons’ appearance if the man was released from custody.
“This Court has been extremely patient with respondents, even though respondents decided to send thousands of agents to Minnesota to detain aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result,” he wrote.
Schiltz's order followed a federal court hearing Monday on a request by the state and the mayors of Minneapolis and St. Paul for a judge to halt the immigration enforcement surge. The judge in that case said she would prioritize the ruling but did not give a timeline for a decision.
Schiltz wrote that he recognizes ordering the head of a federal agency to appear personally is extraordinary. “But the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” he said.
The Associated Press left messages Tuesday with ICE and a DHS spokesperson seeking a response.
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Catalini reported from Trenton, New Jersey and Karnowski from Minneapolis. Associated Press writers Tim Sullivan in Minneapolis, Rebecca Boone in Boise, Idaho, and Michelle Price in Washington contributed to this report.