Midwest
When anti-ICE clashes trigger federal intervention: Experts explain the constitutional breaking point
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Anti-ICE protesters have surrounded federal agents, Democratic leaders have denounced enforcement operations and tensions in Minneapolis have boiled over, but experts say none of it crosses the line into a constitutional breakdown or would justify the use of federal emergency powers by President Donald Trump.
Legal analysts say the unrest, while volatile, does not inhibit the federal government’s constitutional authority to enforce immigration law. That threshold would only be crossed if state officials themselves moved to block or materially obstruct federal agents, raising supremacy clause concerns.
Ilya Somin, a George Mason University law professor, told Fox News Digital that agitators hindering federal agents’ work, even aggressively, does not rise to that level.
“There is no general principle of law which says that anything that makes the work of federal agents more difficult in any way somehow violates the Constitution,” Somin said.
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Protesters clash with law enforcement after a federal agent shot and killed a man Jan. 24, the second federal-involved shooting in the city during the month, deepening tensions over enforcement operations in Minneapolis. (Arthur Maiorella/Anadolu via Getty Images)
Protesters have taken to the streets of Minneapolis in recent weeks to confront immigration officers during Operation Metro Surge, a federal enforcement effort that has deployed thousands of ICE and Customs and Border Protection agents to Minnesota.
During enforcement actions, protesters have at times surrounded ICE agents with shouting, whistles, filming and unruly crowds, creating a tense mix of peaceful demonstrators and coordinated agitators that has occasionally escalated into blockades or violence.
The dynamics at play have centered on two legal principles. On one hand, the anti-commandeering doctrine prevents the federal government from forcing state and local officials to enforce federal law. On the other, obstruction of federal law enforcement is unlawful and could violate the supremacy clause, which says federal law trumps state law when the two are in conflict.
If the state were to pass laws that obstruct federal law enforcement from performing its job duties, that would trigger supremacy clause concerns, Somin said, but he noted that such conditions are not present in Minnesota.
Operation Metro Surge began in December, sending 3,000 immigration agents to Minneapolis and St. Paul. The effort has led to thousands of arrests, but it has spurred resistance from residents and resulted in two high-profile deaths of U.S. citizens at the hands of immigration agents, which fueled further public outrage. The FBI is now investigating those incidents.
Minnesota Gov. Tim Walz met with Trump border czar Tom Homan as the administration reshuffled federal immigration leadership in the state. (Chip Somodevilla/Getty Images)
Democratic state leaders, meanwhile, have widely criticized the operation and drawn blame from Republicans for exacerbating tension with their rhetoric. At one point, Democratic Minnesota Gov. Tim Walz compared ICE’s presence to the Civil War.
“I mean, is this a Fort Sumter?” Walz told The Atlantic. “It’s a physical assault. It’s an armed force that’s assaulting, that’s killing my constituents, my citizens.”
Asked whether the resistant nature of Minnesota’s Democratic leaders could amount to “nullification,” Somin rejected the idea.
“Nullification is when the state officials themselves resist the enforcement of federal law. If they merely fail to help the feds against private parties, that is something that’s protected by the anti-commandeering principles of the Tenth Amendment,” Somin said.
That hands-off approach has extended beyond rhetoric. Walz has welcomed a reduction in federal personnel but urged a faster drawdown, while Minneapolis Mayor Jacob Frey has said the city would not assist with immigration enforcement.
“We were never going to agree, and we have not agreed, to enforce federal immigration law. Why? It’s not our job,” Frey said in a New York Times interview.
As state and local leaders have declined to intervene, opposition to the ICE operation has increasingly taken shape on the ground. Activists have mobilized to confront and monitor federal immigration agents, activity that legal experts distinguish from unlawful, state-led obstruction.
Central to that resistance is Defend the 612, a network of private citizens that has coordinated what activists describe as “ICE watching,” using encrypted messaging apps to track enforcement activity and share information about agents’ movements, according to reporting by the conservative City Journal.
In addition to street confrontations, activists have staged protests at sensitive locations, including a disruption of a church service in St. Paul, where the pastor is also an ICE field director. Several participants, including former CNN anchor Don Lemon, were arrested and charged under a federal statute typically used to protect abortion clinics and pregnancy counseling centers.
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Don Lemon has told Fox News Digital he stands by his reporting. (Don Lemon/YouTube)
Federal authorities have moved to arrest individuals accused of directly impeding immigration enforcement. Attorney General Pam Bondi announced charges against 16 agitators accused of obstructing agents and assaulting officers, while the Justice Department also charged a Minneapolis man, a self-described Antifa member, with cyberstalking after he allegedly called for attacks on ICE and doxxed a pro-ICE individual.
Even so, legal experts stress that, so far, all the anti-ICE activity falls short of a collapse of federal authority. Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, said existing laws already prohibit “mob” violence and obstruction, adding that Minnesota leaders’ approach has been “irresponsible” but not illegal.
The DOJ in January subpoenaed Walz, Frey and three others for information on whether they conspired to interfere with ICE’s work. A DOJ spokesman did not respond to a request for comment on the status of that probe.
Should unrest intensify, the Trump administration has floated the Insurrection Act, a rarely used provision that allows the president to respond to unlawful obstructions of federal authority. The president has said that while it remains an option, it is not currently necessary.
Trump’s border czar, Tom Homan, who is leading immigration operations in Minneapolis, likewise downplayed the impact of anti-ICE agitators.
“You’re not going to stop ICE. You’re not going to stop Border Patrol,” Homan said. “These roadblocks they’re putting up? It’s a joke. It’s not going to work, and it’s only going to get you arrested.”
Ilan Wurman, a University of Minnesota law professor, said in a podcast that while Trump “probably” could invoke the Insurrection Act, by constitutional standards a president should only call upon the military to enforce federal law as a “last resort.”
Fox News contributor Jonathan Turley spelled out when the Insurrection Act could be appropriate, noting it was deferential to the president.
“The establishment of roadblocks and direct interference with the enforcement of federal laws can support such an invocation,” Turley said. “During the Civil Rights period, opposition to and obstruction of civil rights laws justified the use of military force.”
Still, Turley and others emphasize that the Minnesota protests, as intense and at times chaotic as they have been, do not yet meet the criteria for such drastic federal action.
“The promise of some Democratic leaders to arrest and prosecute ICE agents is likely to fail. Roadblocks to bar federal agents would also constitute obstruction and, if supported by the state, would violate the constitutional authority of the federal government,” Turley said.
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Midwest
Kansas law invalidates transgender driver’s licenses and birth certificates
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Kansas has officially invalidated driver’s licenses and birth certificates for transgender residents who changed their sex designation on government documents under a law that took effect Thursday.
Roughly 1,700 individuals in Kansas will be required to obtain a new standard driver’s license at a cost of $26, according to the House Substitute for Senate Bill 244.
The state’s vehicle division informed residents that no grace period will be offered for those who need to update their IDs, according to The Kansas City Star.
“Please note that the Legislature did not include a grace period for updating credentials. That means that once the law is officially enacted, your current credentials will be invalid immediately, and you may be subject to additional penalties if you are operating a vehicle without a valid credential,” the Kansas Department of Revenue’s vehicle division said.
Trans rights activists take part in a protest April 20, 2024. (Carl Court/Getty Images)
The law also establishes clear rules for shared private spaces in government buildings, restricting their use to a single sex. This applies to facilities such as restrooms, locker rooms, changing rooms and shower rooms where individuals may be partially or fully undressed.
The bill further reinforced a strict definition of sex and gender as an “individual’s biological sex, either male or female, at birth.”
Consequently, individuals or entities who violate the space restrictions may face significant civil penalties or potential criminal charges.
KANSAS JUDGE SAYS TRANSGENDER RIGHTS NOT VIOLATED BY STATE’S REFUSAL TO CHANGE SEX ON DRIVER’S LICENSES
A drone aerial view of downtown Wichita (Joe Sohm/Visions of America/Universal Images Group via Getty Images)
Individuals are also given the right to take legal action if someone of the opposite biological sex violates their privacy in these spaces.
Democratic Gov. Laura Kelly, whose veto of the bill was ultimately overridden by the Republican-led Kansas Legislature Feb. 18, had previously called it a “poorly drafted bill with significant, far-reaching consequences.”
“It is nothing short of ridiculous that the Legislature is forcing the entire state, every city and town, every school district, every public university to spend taxpayer money on a manufactured problem,” she said. “Kansans elected them to focus on education, job creation, housing and grocery costs.”
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Kansas Gov. Laura Kelly previously tried to veto a bill that ultimately went into effect Feb. 26, 2026, restricting identification preferences for transgender state residents. (Rich Sugg/Kansas City Star/Tribune News Service via Getty Images)
Under the bill, entering a multiple-occupancy space designated for the opposite sex constitutes a violation. After a first warning, a second offense could result in a $1,000 civil penalty and a third or subsequent violation is treated as a class B misdemeanor.
Anyone who believes their privacy has been violated in such a setting may bring a civil lawsuit against the violator and seek $1,000 in liquidated damages, according to the bill.
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Government entities, such as state agencies or local districts, that fail to align with the new regulations are subject to steep fines. Entities face a $25,000 civil penalty for a first violation and $125,000 for each subsequent violation.
The law provides specific exceptions for entering spaces designated for the opposite sex, including custodial or maintenance work, medical or emergency aid, law enforcement duties, assisting someone who needs help or children under 9 accompanied by a caregiver.
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Detroit, MI
Robert ‘Fish’ Jenkins helped Detroit students soar in sports and life
There was a time when many Historical Black Colleges had swimming teams. The late Robert ‘Fish’ Jenkins benefited from that era and then he spent much of his adult life lifting up youths in Detroit.
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The celebration of Black History Month throughout February provides an opportunity to share stories about Detroiters that have positively impacted the lives of others in a variety of ways.
And included among those stories that have been shared this month is a “Fish” story that is unique, without exaggeration.
That is because this story is about the late Robert “Fish” Jenkins Sr., a longtime Detroit educator and a groundbreaking coach, whose superpower was his ability to create life-changing opportunities for young people in unconventional spaces.
In 1969, Jenkins arrived at Detroit’s Northern High School as a physical education teacher and coach. During Northern’s heyday, the high school, formerly located on Woodward Avenue at Owen in the city’s North End, produced a host of high-profile sports stars, including basketball greats Bill Buntin — a two-time All-American center at the University of Michigan during the 1960s — and Derrick Coleman — the first overall pick in the 1990 NBA draft. And record-breaking sprinter Marshall Dill, Track & Field News’ High School Athlete of the Year in 1971, who set world records in the 300-yard dash while running for Michigan State University.
However, Jenkins specialized in coaching sports that were a little less popular among young people in Detroit, particularly Black students. Jenkins coached teams at Northern — and for one year at East English Village Preparatory Academy after he retired from teaching in 2001 — to 24 Detroit Public School League championships in swimming, golf and soccer.
“No matter what the sport was, he had the formula to make a team a champion,” Robert Jenkins Jr. said about his father, who died on Jan. 14 at the age 86.
“But more than that, my father had a profound impact on the minds of every student he touched. He brought golf, and all the lessons golf teaches, to the North End. And, in the summer, he had members of the swim team teach the younger kids in the neighborhood how to swim, which taught his swim team members how to give back to the community.”
During the evening of Feb. 22, Robert Jenkins Jr. took pride in sharing stories about young people who were coached and mentored by his father across multiple decades that went on to become “doctors, educators, business leaders, and parents” that have made positive contributions to the city of Detroit.
Robert Jenkins Jr. also described some of the friendly interactions that his dad had with notable people like U.S. Olympic sprint champion Wilma Rudolph and Naismith Memorial Basketball Hall of Famer Dick Barnett at Tennessee State University, where the elder Jenkins received the education and training that he needed to teach and coach student-athletes in Detroit.
But earlier that day, an equally compelling “Fish” story was told by another community member.
“Mr. Jenkins was a very important person in my life and he is one of the reasons why I have always tried to do my part when it comes to providing opportunities for young people in our city,” said Gary Peterson, who has coached young swimmers in Detroit for 47 years, including at Detroit’s King High School, where he coaches boys and girls swimmers today.
Long before Peterson coached high school swimmers — and youth swimmers of virtually all ages when he was a full-time swimming instructor for the city of Detroit’s Recreation Department — Peterson was on the swim team at King High School (Class of 1974), when Robert Jenkins Sr. came into his life.
“There were coaches at other schools that helped young swimmers that wanted to improve and go to another level, and Mr. Jenkins was one of those coaches,” said Peterson, who was coached at King High School by Clyde James, a lifelong friend and teammate of Jenkins on the Tennessee State University swimming team during the late 1950s and early 1960s, when they brought national attention to the school’s swimming program.
“Mr. Jenkins would make his pool at Northern available to students from other schools that wanted to get in extra practice. Then, as I got closer to going to college, Mr. Jenkins was the person who introduced me to the colleges that were recruiting Black high school swimmers.
“At that time, there were more than 20 HBCUs (Historically Black Colleges and Universities) that had competitive swimming programs. Today, there is only one (Howard University in Washington, DC). But back then, Mr. Jenkins wanted to make sure we had the opportunities and exposure, which included sending a small group of us to South Carolina State for a recruiting trip.
“Afterwards, Mr. Jenkins even came over to King from Northern to present me with my scholarship to South Carolina State, while I was sitting in a King classroom. I couldn’t believe it and I was ecstatic, but everything that he did for me and other young swimmers in the city he did so willingly. And that’s what I always thought I was supposed to do as a coach.”
Peterson said he would do even more with Jenkins when Peterson returned to Detroit from Orangeburg, South Carolina, after graduating from college.
“In the late 1980s, a team I was coaching at Johnson Recreation Center and Mr. Jenkins’ team at Northern, traveled to Washington DC as one team in February to compete in the Black History Invitational Swim Meet. And that tradition of Detroit competing as one team at that meet continued every year until COVID,” said Peterson, who also recalled that Jenkins coached softball and even junior varsity football for a time, in addition to swimming, golf and soccer.
“Just as Mr. Jenkins thought it was critical for us to come together and take our kids to DC for that swim meet because it was the biggest showcase for Black swimmers, he wanted all the young people he coached to have good training and exposure. And in my case, as the son of sharecroppers, I can say that Mr. Jenkins inspired me as well, as a swimmer and a coach.”
Every time Peterson walks into King High to coach the current group of swimmers at the school, he said he is reminded of Jenkins and other important people that paved the way for Black swimmers in Detroit.
For example, in 2023, the natatorium at King was rededicated as the Clyde James Natatorium by the Detroit Public Schools Community District. Peterson says the renaming was not only a salute to James, who was a finalist in the National Association of Intercollegiate Athletics Championships in the 100-yard butterfly during the 1960-61 season while swimming for Tennessee State, but also a tribute to the fabled swimming program that was once housed at the Brewster Recreation Center, which helped to develop James, Jenkins and many other Detroit swimmers that competed nationally. Brewster’s early swimming program was led by the legendary Clarence Gatliff, an all-city swimmer at Cass Tech during the 1920s.
Another pleasant reminder of the history and evolution of Black swimmers in Detroit that Peterson sees when inside King High is 54-year-old Robert Jenkins Jr., an educator like his father, who is teaching personal finance this school year at King and hopes to honor his father’s legacy this summer by offering a swimming and golf program to students.
“I want to make sure that Detroiters understand my father’s legacy,” said Jenkins, a 1989 graduate of Northern High School, who explained that his father and mother (Norma Jean Jenkins) taught him and his sister (Dr. Marlo Rencher) that “we don’t half do anything.”
And that includes community service.
“My father was a servant leader and he would offer encouragement to any young person he was around, not just the students he coached. And paying it (that support) forward was a lesson he always taught in the process.”
Scott Talley is a native Detroiter, a proud product of Detroit Public Schools and a lifelong lover of Detroit culture in its diverse forms. In his second tour with the Free Press, which he grew up reading as a child, he is excited and humbled to cover the city’s neighborhoods and the many interesting people who define its various communities. Contact him at stalley@freepress.com or follow him on Twitter @STalleyfreep. Read more of Scott’s stories at www.freep.com/mosaic/detroit-is/. Please help us grow great community-focused journalism by becoming a subscriber.
Milwaukee, WI
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