US Supreme Court Denies Release of Anti-ICE Activist Kyle Wagner

The US Supreme Court on Tuesday rejected a request for the pretrial release of Kyle Wagner, an anti-ICE activist accused of making online threats during a federal immigration crackdown in Minneapolis. The decision keeps Wagner in custody as he awaits trial on cyberstalking and interstate threat charges.

Wagner, who identifies as a member of the anti-fascist movement known as antifa, sought to reinstate a federal judge’s order granting his release. However, prosecutors argued that his social media activity demonstrated a potential threat to public safety.

His attorneys challenged the detention, emphasizing that Wagner has no history of violent criminal offenses. They also argued that federal authorities had misinterpreted his online statements.

Wagner was arrested on February 5 amid President Donald Trump’s intensified immigration enforcement operations in Minneapolis. The crackdown triggered widespread demonstrations and resulted in the deaths of two US citizens during encounters with immigration agents.

Federal prosecutors accused Wagner of attempting to disclose personal information about a prominent online supporter of Trump's immigration policies, a practice commonly called doxing. Authorities also highlighted posts in which Wagner described the Minneapolis situation as "kill or be killed."

Following his arrest, then-White House Press Secretary Karoline Leavitt publicly identified Wagner as a domestic terrorist while discussing the administration’s efforts to confront activists accused of obstructing Immigration and Customs Enforcement operations.

The case reflects Trump's broader campaign against antifa and other left-wing movements. During his second presidential term, Trump signed an executive order designating antifa a domestic terrorist organization and threatened investigations into its financial supporters.

In August, the US Court of Appeals for the Sixth Circuit overturned District Judge Denise Page Hood’s decision to release Wagner before trial.

Judges Whitney Hermandorfer and Alan Norris supported the ruling, concluding that prosecutors had sufficiently established concerns about Wagner’s dangerousness.

However, Judge Rachel Bloomekatz dissented, questioning the government's unusual decision to challenge a pretrial release order despite Wagner’s lack of violent criminal history.

Wagner’s legal team subsequently appealed to the Supreme Court, arguing that the appellate court relied on a distorted interpretation of his social media activity.

With the Supreme Court declining to intervene, Wagner will remain detained ahead of his trial, scheduled to begin in January.