Judge Removes Order Blocking DHS From Destroying Alex Pretti Shooting Evidence

The order was not necessary because the federal government is not likely to destroy evidence, a federal judge determined.

Federal agents block off the scene of the Alex Pretti shooting as crowds gather in Minneapolis on Jan. 24, 2026. Stephen Maturen/Getty Images

A federal judge canceled a court order blocking the Trump administration from destroying evidence in the Jan. 24 fatal shooting of Alex Pretti by federal immigration agents, saying it was not needed.

The Trump administration was sued within hours of the 9 a.m. shooting by the Minnesota Bureau of Criminal Apprehension, the state, and the Hennepin County Attorney’s Office.

The Department of Homeland Security (DHS) told state officials they would be investigating the incident.

Minnesota District Court Judge Eric Tostrud issued a temporary restraining order late Jan. 24 blocking DHS from destroying evidence related to the shooting.

By law, the order faced expiration in a matter of days, the judge pointed out Feb. 2.

Tostrud decided to dissolve the order instead of extending it or converting it to a preliminary injunction.

“Though the record is not one-sided, the greater weight of the evidence shows Defendants are not likely to destroy or improperly alter evidence related to Mr. Pretti’s shooting during the life of this case,” Tostrud stated in the ruling.

Pretti, 37, was taking part in a demonstration against Immigration and Customs Enforcement (ICE) operations in Minneapolis when he clashed with Border Patrol agents and was fatally shot.

Minnesota Gov. Tim Walz has openly criticized the Justice Department’s decision to exclude the state from the investigation and Trump’s decision to oversee the probe.

Walz held a press conference on the shooting with Bureau of Criminal Apprehensions Superintendent Drew Evans and Attorney General Keith Ellison on Jan. 25.

According to Ellison, Evans was refused access to the scene by federal officials despite having a federal court order.

“To have to go get an order from a judge to preserve evidence is extraordinary and should alarm everyone who believes in equal justice under the law,” Ellison said.

Minnesota Attorney General Keith Ellison speaks with The Epoch Times’ Jan Jekielek at the DNC in Chicago on Aug. 22, 2024, in a still from video. NTD

According to Ellison, the state has never before filed a lawsuit against the federal government to preserve evidence.

Ellison did not make a public statement about Tostrud’s decision to dissolve the restraining order Feb. 2. The Hennepin County Attorney’s Office also did not return a request for comment.

DHS did not respond to a request for comment about the decision.

The Justice Department has also opened a civil rights investigation into the Pretti shooting, which is also being examined by the FBI, Deputy Attorney General Todd Blanche said on Jan. 30.