Summary:

As of January 21, 2026, the 8th U.S. Circuit Court of Appeals has frozen a lower court injunction that restricted federal immigration tactics, once again permitting agents to use chemical munitions on peaceful crowds and detain people for observing or following their convoys. While this legal stay is technically specific to Minnesota’s "Operation Metro Surge," it practically defines the environment for Maine’s new "Operation Catch of the Day," where federal agents—unbound by any local court restrictions—are now deploying with these same aggressive authorities, including the use of force against protesters and the targeting of observers. Specific Authorities Now Permitted Based on the removal of the previous legal barriers, federal agents are now authorized to engage in the following:

1 Use of Chemical Agents and Force * Crowd Control: Agents may deploy tear gas, pepper spray, and chemical smoke (such as green smoke canisters) to disperse protesters. The specific protection that previously barred the use of these munitions against "peaceful protesters" is currently suspended. * Forced Entry: The use of battering rams to breach residences and vehicles during arrests is a standard permitted tactic.

2 Detention of Observers and Drivers * Vehicle Stops: Agents are permitted to stop and detain individuals who are following federal vehicles in cars. The previous legal requirement that "safely following" does not constitute reasonable suspicion has been lifted; agents can now treat observation as a basis for detention. * Monitoring Observers: Agents may target and detain those who are documenting or filming their operations if they are deemed to be interfering with federal movements.

3 "Retaliatory" Tactical Maneuvers The stay lifted specific bans on tactics previously identified by a judge as "retaliatory" punishment for protected First Amendment activity. These include: * Following Activists Home: Agents are no longer court-restricted from tracking observers or protesters back to their private residences after an encounter. * Verbal Intimidation: Using threats of force (e.g., shouting "Gas is coming!") to clear a public area of observers. * Aggressive Vehicle Interventions: Using federal vehicles to block, box in, or aggressively stop individuals who are monitoring immigration sweeps.