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

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

Officers tried to take Pretti into custody and he resisted, leading to a struggle, according to the 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.

The notification came a day after President Donald Trump ordered border czar Tom Homan to take over his administration's immigration crackdown in Minnesota following Pretti's death, the second fatal shooting this month by immigration law enforcement in Minneapolis. By sending Homan to the state, "we're going to de-escalate a little bit," Trump said in an interview on Fox News' "Will Cain Show."

Meanwhile, Ecuador's minister of foreign affairs filed a protest with the U.S. Embassy after Immigration and Customs Enforcement agents tried to enter the Ecuadorian consulate in Minneapolis without permission Tuesday.

A video of the attempt on social media shows a consulate staffer running to the door to turn the ICE agents away, telling them, "This is the Ecuadorian consulate. You're not allowed to enter." One ICE officer responded 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.

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.

As he left the White House Tuesday, Trump was asked whether Pretti's killing Saturday was justified. He responded by saying that a "big investigation" was underway. “I want to see the investigation. I’m going to be watching over it, and I want a very honorable and honest investigation,” he said.

Trump also was asked if the 37-year-old intensive care nurse was an “assassin” as a key aide claimed, and the president answered “no.”

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

Minneapolis Mayor Jacob Frey and city police Chief Brian O'Hara said they also met with Homan and had a "productive conversation."

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Homan posted on social media that the discussions "were a productive starting point." He said Walz, Frey, top law enforcement officials and he all agree "we need to support our law enforcement officers and get criminals off the streets."

The White House tried to blame Democratic leaders for the protests of immigration raids. But after Pretti was killed and videos suggested 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 immigration crackdowns, was "very good" but added "he's a pretty out-there kind of a guy" and "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.

Also Tuesday, 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, identified in court documents as "Juan T.R.," was released in Texas.

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 acting ICE director Todd Lyons to personally appear in his courtroom Friday. But Schiltz said 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," Schiltz wrote in the order.

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His 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.

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

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