2 federal officers fired shots during encounter that killed Alex Pretti, DHS tells Congress

WASHINGTON (AP) — Two federal officers fired shots during an encounter that killed ICU nurse Alex Pretti in Minneapolis, a Customs and Border Protection official told Congress in a notice sent Tuesday.

The notice said one Border Patrol officer fired his Glock and a CBP officer fired his, according to a notification to Congress obtained by The Associated Press.

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 agency is required to report in-custody and certain other deaths involving its agents and officers to Congress.

A Customs and Border Protection official said in the notice that officers tried to take Pretti into custody and he resisted, leading to a struggle. During the struggle, a Border Patrol agent yelled, “He’s got a gun!” multiple times, the official said.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

MINNEAPOLIS (AP) — Federal immigration authorities have released an Ecuadorian man whose detention led the chief federal judge in Minnesota to order the head of Immigration and Customs Enforcement to appear in his courtroom, the man's attorney said Tuesday.

Attorney Graham Ojala-Barbour said the man, who is identified in court documents as “Juan T.R.,” 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 shortly after 1 p.m. CT 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 Juan’s and other 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.

The order comes a day after President Donald Trump ordered border czar Tom Homan to take over his administration’s immigration crackdown in Minnesota following the second death this month of a person at the hands of an immigration law enforcement officer.

Trump said in an interview broadcast Tuesday that he had “great calls” with Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey on Monday, mirroring comments he made immediately after the calls.

As he left the White House, the president was asked whether Alex Pretti’s killing by a Border Patrol officer Saturday 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.

The seemingly softer tone emerged as immigration agents were still active across the Twin Cities region, and it was unclear if officials had changed tactics following the shift by the White House.

Walz's office said Tuesday that the Democratic governor met with Homan and called for impartial investigations into the shootings involving federal officers. They agreed on the need to continue to talk, according to the governor.

Frey and Minneapolis Police Chief Brian O'Hara said they also met with Homan and had a “productive conversation.” The mayor added that city leaders would stay in discussion with the border czar.

The White House had tried to blame Democratic leaders for the protests of immigration raids. But after the killing of Pretti on Saturday 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.

The streets appeared largely quiet in many south Minneapolis neighborhoods where unmarked convoys of immigration agents have been sighted regularly in recent weeks, including the neighborhoods where the two deaths occurred. But Associated Press staff saw carloads of agents in northeast Minneapolis, as well as the northern suburb of Little Canada.

Schiltz's order also follows 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.

“Respondents have continually assured the Court that they recognize their obligation to comply with Court orders, and that they have taken steps to ensure that those orders will be honored going forward,” he wrote. “Unfortunately, though, the violations continue.”

The Associated Press left messages Tuesday with ICE and a DHS spokesperson seeking a response.