Read our feature article “Only Those With the Courage To Fight Have the Courage To Win: Combat and Resist ICE Terror!” here.
The Supreme Court denied Minnesota anti-ICE activist Kyle Wagner’s emergency application for release from pretrial detention on October 13.
Wagner was arrested on February 5 for federal charges of cyberstalking and threatening communications. The Sixth Circuit appeals court alleges that he had posted what he believed to be was the personal information of a pro-ICE influencer and threatened violence against him.
In reality, the “influencer,” named “J. S.” by the court, challenged Wagner to a “cage fight,” which Wagner accepted. “J. S.” is not facing prosecution.
The Sixth Circuit claims that Wagner is a self-professed “Antifa” member, citing alleged social media videos, including one where he said “I am Kyle. I am Antifa.”
Court documents state that Wagner defined “Antifa” as “a broad, community-based movement composed of individuals organizing against racial and economic injustice.”
Wagner’s attorney wrote in an appeal, “Each day Wagner is detained, he is deprived of his liberty despite his presumed innocence. (…) Wagner is away from his family; unable to earn an income; and unable to fully participate in trial preparation.”
On March 25, the district court ordered Wagner’s release on the condition that he be subject to GPS tracking, and adheres to internet restrictions. The Sixth Circuit, however, blocked release on April 3 and reversed the order on August 12.
The Supreme Court did not provide an explanation for denying Wagner’s release in its October decision.
A key factor in Wagner’s case is President Trump’s September 2025 executive order classifying “Antifa” as a domestic terrorist organization. The order was also used to imprison 15 anti-ICE activists on domestic terrorism charges related to a July 2025 noise demonstration outside the ICE detention facility in Prairieland, Texas, in which protesters received decades-long terrorism-enhanced sentences for alleged “Antifa” political beliefs.
Image: The Supreme Court Building, 2019. Credit: Marielam1 on Wikimedia Commons.
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