Less than 40 minutes after federal immigration agents shot and killed 37-year-old nurse Alex Pretti on Nicollet Avenue in south Minneapolis, Clayton Kelly was thrown face-first onto the sidewalk, tasting snow and street grime as a federal agent’s knee drove into his back.
The incident, a video of which The Intercept reviewed and corroborated with an independent eyewitness, occurred not long after Kelly and his wife arrived in the area where Pretti was killed. With protesters amassing and agents from Customs and Border Protection as well as Immigration and Customs Enforcement flooding the area, the couple told The Intercept, they just wanted to observe the scene.
“All of a sudden,” Kelly said, a federal agent “started running toward me, pointing and yelling, ‘That’s him. Get him.’”
Ten days earlier, Kelly had watched as an immigration agent shot Julio Cesar Sosa-Celis in the leg during a federal enforcement action in north Minneapolis. As Kelly told the local outlet Sahan Journal, an SUV with police lights chased another vehicle, and then, “They went into a house. … I heard two shots before the area was just being swarmed by ICE immediately.” Sosa-Celis was injured — and Kelly’s account contradicted the official narrative released by the Department of Homeland Security.
At the scene of Pretti’s killing, Kelly told agents they would find themselves “on the wrong side of history,” he recalled. After the exchange, he and his wife, Alana Ericson, began walking toward another section of Nicollet Avenue where people were congregating, and as soon as Kelly turned his back, that was when agents began shouting and running toward him.
“I had my hands up. I kept saying, ‘I’m leaving. I’m leaving,’” Kelly said.
Kelly is far from the only civilian to be brutalized by federal agents in Minneapolis this month. But his detailed account of his beating and detention offers a clear example of how the agents, ostensibly deployed to carry out immigration enforcement, have instead shifted their purpose to encompass a crackdown on dissent. In Kelly’s case, it raises the question of whether he was facing retaliation for acting as a witness.
In December 2025, a group of Minnesota residents and the American Civil Liberties Union of Minnesota filed a federal class-action lawsuit, Tincher v. Noem, alleging that federal agents participating in Operation Metro Surge used excessive force, intimidation, and arrests to deter civilians from observing, recording, or protesting immigration enforcement.
The complaint alleges retaliation against people engaging in constitutionally protected conduct, including arrests of observers who were not interfering with federal operations. In January, a federal judge issued a limited injunction barring agents from retaliating against peaceful protesters and observers.
While federal agents pinned Kelly down, given Pretti’s recent shooting, Ericson feared they could kill her husband.
“I kept telling them he’s a U.S. citizen. They said, ‘We don’t give a f—,’” she said.
Kelly had previously undergone fusion surgery in his thoracic spine, a procedure that permanently joins vertebrae to stabilize the back. “Several agents piled on top of me,” Kelly said, and one put his knee on the site of his surgical wounds. “They were sitting directly on my spine.”
“I was screaming that I couldn’t breathe, but I had almost no air left,” Kelly said. “An agent pushed the pepper spray nozzle right into my left eye and sprayed. I turned my head so I wouldn’t get it in both eyes, but my left eye was completely burned.”
Pinned beneath multiple agents, Kelly said panic quickly gave way to fear that he might not survive. He said he was unable to catch his breath and felt his limbs go limp beneath the weight on his body.
“An agent pushed the pepper spray nozzle right into my left eye and sprayed.”
Kelly was then forced to his feet and handcuffed, leaving deep indentations on both wrists that were still visible in photographs taken three days later and shared with The Intercept. At some point, his phone fell out of his pocket. He was dragged to a vehicle and placed in the back seat, where he said agents told him he was being taken to the Bishop Henry Whipple Federal Building in Minneapolis for detention.
After being pepper-sprayed, Ericson said she was unable to drive. A bystander offered her a ride home, where she and her mother-in-law spent the day calling attorneys and trying to determine where Kelly had been taken and whether he was alive.
An independent eyewitness who said they did not know Kelly or his wife said they were standing nearby when agents rushed Kelly, tackled him to the ground, and deployed pepper spray, corroborating Kelly’s account of the arrest. After Kelly and Ericson were gone, the witness remained near Nicollet Avenue as federal agents continued clearing the area.
Moments later, the witness said they were grabbed from behind, thrown to the pavement, and sprayed in the face. Medical records from Hennepin County Medical Center reviewed by The Intercept show the witness sustained a fractured shoulder. According to the documentation, the injury will require surgery and months of physical therapy.
The Intercept reached out to the Department of Homeland Security, CBP, and ICE with detailed questions about the use of force by federal agents in Minneapolis, the detention and processing of civilians, the seizure of phones and other personal property, and policies governing crowd control. DHS, CBP, and ICE did not provide responses by publication time.
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Kelly was transported to the federal building in downtown Minneapolis, a facility commonly used by immigration authorities for detention and processing.
Several of the people detained alongside him, Kelly said, had directly witnessed or recorded the fatal shooting of Pretti earlier that morning.
Kelly said detainees were never told why they were being held and were not informed of any charges. He said federal officials discussed possible criminal violations but ultimately filed none.
Shauna Kieffer, an attorney with the National Lawyers Guild who is now representing Kelly, said her client was never read his Miranda rights. They’re required only when law enforcement seeks to obtain a statement, she said, so a person may be detained without being advised of those rights if officers are not questioning them and no statement is taken. At one point, Kelly said, ICE agents asked whether detainees would be willing to give interviews. All declined and invoked their right to remain silent.
According to Kelly, no medical care was provided upon arrival, even though multiple detainees had visible injuries and repeatedly asked for assistance. One older man, Kelly said, was bleeding from his elbow when brought into custody. Kelly said detainees used their drinking water to clean blood from the man’s arm while the staff ignored their requests for assistance, and that the man didn’t receive treatment until after a shift change.
Kelly and his family have been unable to recover his phone. At the Bishop Henry Whipple Federal Building, Kelly said agents later showed him the phone, asked whether it belonged to him, and told him he would not be getting it back. According to Kelly, no one listed the device on his property inventory, and agents told him they would seek a warrant to access its contents.
A copy of the property inventory receipt reviewed by The Intercept does not list a cellphone among Kelly’s belongings. Additional photographs show his belongings placed in an ICE-labeled property bag bearing his name and a U.S. citizen designation.
In an affidavit he signed with his attorney, Kelly said the confiscated phone contained photos he took of the January 14 shooting of Sosa-Celis that he witnessed, a detail he says underscores its evidentiary value and why he wanted it returned.
Attorneys representing several detainees said federal officials told them they were considering charges of assaulting, interfering with, or resisting federal officers, according to Kieffer and another detainee’s attorney. Kieffer said the statute is often interpreted broadly, but verbal objections, mere presence at a scene, or passive conduct alone do not meet its standard.
In Kelly’s case, “any movements of his body are simply because a bunch of grown men are pummeling him,” Kieffer said, referring to the video of his arrest.
Kelly estimated he was detained for roughly eight hours before being abruptly released. After a brief stop at home, he sought medical treatment at Methodist Hospital in St. Louis Park. Discharge paperwork from that visit, reviewed by The Intercept, documents his injuries as assault-related.
Kelly said he continues to fear retaliation following his detention.
The following morning, he said, several federal vehicles drove slowly down the residential street where he and his wife live, an occurrence he described as highly unusual for their area.
Kieffer said her client’s fears are not unfounded.
She described instances in Minneapolis in which attorneys and civilian observers reported being followed by federal vehicles after monitoring immigration enforcement activity, and in some cases later saw federal agents parked outside their homes. One attorney shared video of ICE agents following him and parking outside his house with The Intercept.
In Kieffer’s view, the sheer number of people taken into custody while observing or documenting federal activity has made Minneapolis stand out.
The emotional toll of the arrest, Kelly and his wife said, has not ended with his release.
“I’ve been having nightmares. This doesn’t feel like real life. It feels like a really bad dream that I can’t wake up from,” Ericson said. “After he spoke publicly about that shooting, I felt like he was already on their radar.”
