MINNEAPOLIS (AP) — Border Patrol commander Gregory Bovino is expected to leave Minneapolis on Tuesday, according a person familiar with the matter, as the Trump administration reshuffles leadership of its immigration enforcement operation and scales back the federal presence after a second fatal shooting by federal officers.

President Donald Trump said he was placing his border czar, Tom Homan, in charge of the mission, with Homan reporting directly to the White House, after Bovino drew condemnation for claiming the man who was killed, Alex Pretti, had been planning to “massacre” law enforcement officers, a characterization that authorities had not substantiated.

Saturday’s fatal shooting of Pretti, an ICU nurse, by Border Patrol agents ignited political backlash and raised fresh questions about how the operation was being run.

Bovino’s leadership of highly visible federal crackdowns, including operations that sparked mass demonstrations in Los Angeles, Chicago, Charlotte and Minneapolis, has drawn fierce criticism from local officials, civil rights advocates and congressional Democrats.

A person familiar with the matter told The Associated Press that Bovino is among the federal agents leaving Minneapolis. The person was not authorized to publicly discuss details of the operation and spoke to AP on condition of anonymity.

The departure accompanies a softer tone from Trump on the Minnesota crackdown, including the president’s touting of productive conversations with the governor and Minneapolis Mayor Jacob Frey.

The mayor said he asked Trump in a phone call to end the immigration enforcement surge, and Trump agreed the present situation cannot continue. Frey said he would keep pushing for others involved in Operation Metro Surge to go.

Homan will take charge of Immigration and Customs Enforcement operations in Minnesota. Frey said he planned to meet Homan on Tuesday.

Trump has call with Minnesota governor

Trump and Democratic Gov. Tim Walz spoke in a phone call and later offered comments that were a marked change from the critical statements they have exchanged in the past. Their conversation happened on the same day a federal judge heard arguments in a lawsuit aimed at halting the federal immigration enforcement surge in the state.

“We, actually, seemed to be on a similar wavelength,” the president wrote in a social media post.

Walz, in a statement, said the call was “productive” and that impartial investigations into the shootings were needed. Trump said his administration was looking for “any and all” criminals the state has in their custody. Walz said the state Department of Corrections honors federal requests for people in its custody.

Meanwhile, attorneys for the administration, the state and the cities of Minneapolis and St. Paul appeared Monday before U.S. District Judge Katherine Menendez, who is considering whether to grant requests to temporarily halt the immigration operation.

She said the case was a priority, but in an order later Monday, she told the federal government’s attorneys to file an additional brief by 6 p.m. Wednesday. She told them to address, among other things, the assertion by the state and cities that the purpose of Operation Metro Surge is to punish them for their sanctuary laws and policies.

Lawyers for the state and the Twin Cities argued the situation on the street is so dire it requires the court to halt the federal government’s enforcement actions.

“If this is not stopped right here, right now, I don’t think anybody who is seriously looking at this problem can have much faith in how our republic is going to go in the future,” Minnesota Assistant Attorney General Brian Carter said.

Judge questions government’s motives

The judge questioned the government’s motivation behind the crackdown and expressed skepticism about a letter Attorney General Pam Bondi recently sent to Walz. The letter asked the state to give the federal government access to voter rolls, to turn over state Medicaid and food assistance records, and to repeal sanctuary policies.

“I mean, is there no limit to what the executive can do under the guise of enforcing immigration law?” Menendez asked. She noted that the federal requests are the subject of litigation.

Brantley Mayers, a Justice Department attorney, said the government’s goal is to enforce federal law. Mayers said one lawful action should not be used to discredit another lawful action.

Menendez questioned where the line was between violating the Constitution and the executive’s power to enforce the law. She also asked whether she was being asked to decide between state and federal policies.

“That begins to feel very much like I am deciding which policy approach is best,” she said.

At one point, while discussing the prospect of federal officers entering residences without a warrant, the judge expressed reluctance to decide issues not yet raised in a lawsuit before her.

Menendez made it clear she was struggling with how to rule because the case is so unusual, and there are few precedents.

“It’s because this is important that I’m doing everything I can to get it right,” she said.

The state of Minnesota and the cities sued the Department of Homeland Security earlier this month, five days after Renee Good was shot by an Immigration and Customs officer. Pretti’s shooting added urgency to the case.

Late Monday, a federal appeals court declined to lift a temporary hold on a ruling Menendez issued in a separate case on Jan. 16. She ruled then that federal officers in Minnesota cannot detain or tear gas peaceful protesters who are not obstructing authorities, including people who follow and observe agents. A three-judge panel of the 8th Circuit Court of Appeals said that ruling was unlikely to hold up on appeal.

Homan to report to Trump

Trump posted Monday on social media that Homan would report directly to him.

White House press secretary Karoline Leavitt said Homan would be “the main point of contact on the ground in Minneapolis” during continued operations by federal immigration officers.

In court Monday, an attorney for the administration said about 2,000 Immigration and Customs Enforcement officers were on ground, along with at least 1,000 Border Patrol officers.

The lawsuit asks the judge to order a reduction in the number of federal law enforcement officers and agents in Minnesota back to the level before the surge and to limit the scope of the enforcement operation.

The case has implications for other states that have been or could become targets of ramped-up federal immigration enforcement operations. Attorneys general from 19 states plus the District of Columbia, led by California, filed a friend-of-the-court brief supporting Minnesota.

In yet another case, a different federal judge, Eric Tostrud, took under advisement a request from the Justice Department to lift an order he issued late Saturday blocking the Trump administration from “destroying or altering evidence” related to Saturday’s shooting.

Attorneys for the state Bureau of Criminal Apprehension told the judge they can’t trust the federal government to preserve the evidence, citing the lack of cooperation the state is getting from federal authorities after they said they were blocked from the scene.

But the federal government’s attorneys argued that the temporary restraining order should be dissolved because its investigators are already following proper preservation procedures, and they’d object to “micromanaging” from the court what evidence the state can examine while the federal investigation is ongoing.

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By Steve Karnowski and Mike Balsamo Associated Press

Balsamo reported from Washington. Associated Press writers Jack Brook in Minneapolis, Giovanna Dell’Orto in St. Paul, Minnesota, and Mike Catalini in Trenton, New Jersey, contributed to this report.