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.
FEDS SHIFT TO TARGETED IMMIGRATION ENFORCEMENT IN MINNEAPOLIS UNDER HOMAN
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.
TRUMP’S IMMIGRATION VICTORY IN A MINNESOTA COURT IS A WIN FOR ALL LAW-ABIDING CITIZENS
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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Milwaukee, WI
Milwaukee County explores building trails on north and northwest sides
Milwaukee River’s ecology has been helped by removal of several dams
At one time, seven working dams suspended the Milwaukee River’s natural flow. With a few now removed, the river ecology has improved.
The west and northwest sides of Milwaukee have limited access to recreational trails, but Milwaukee County is exploring ways to change that.
As a result, the county is conducting a feasibility study and seeking community feedback on the possibility of building a bike and pedestrian trail that would connect Milwaukee’s northwest side neighborhoods to the local trail network, according to a press release from the Milwaukee County Department of Transportation.
The study will evaluate potential trail route options for a 7-mile corridor along the 30th Street railroad between the Hank Aaron State Trail and Havenwoods State Forest, which could connect several regional trail systems and create an 18-mile Milwaukee Loop that includes portions of the Hank Aaron State Trail, the Oak Leaf Trail, and the Beerline Trail.
Those interested in the topic can attend a public information and discussion meeting from 5 to 7 p.m. on Feb. 24 at 3100 W. Center St., known as Community Within the Corridor complex. Additional meetings will be planned in April and throughout the summer.
The county also has an online survey open through March 6. An interactive map is publicly available where those interested can share the locations they would access most if a shared-use trail were available.
The study is facilitated by the county’s Department of Transportation through a Transportation Alternatives Grant administered by the Wisconsin Department of Transportation. It will be completed in mid-2027.
Future phases surrounding the trail’s design and construction will be dependent on the county’s ability to obtain funding.
Contact Claudia Levens at clevens@usatodayco.com. Follow her on X at @levensc13.
Minneapolis, MN
Dropkick Murphys Announce Minneapolis Tribute Concert for Alex Pretti and Renée Good
Dropkick Murphys have announced a free Minneapolis acoustic concert/fundraiser playing tribute to Alex Pretti and Renée Good.
The show is set for March 6th at 1 p.m. near the site where Alex Pretti was killed by ICE agents near Eat Street, which has become a site of tribute and mourning for the Minneapolis community. Dropkick Murphys will perform an acoustic set before their full concert later that night in St. Paul, and other local artists are set to perform, as well.
Get Dropkick Murphys Tickets Here
“We are so proud of how Minnesota stood up and met this moment and we are so sad for the community and for the Pretti and Good families for what they’ve gone through, so it is an honor to come down and be able to play some music for the people and let them know we stand in solidarity with them,” said Dropkick Murphys frontman Ken Casey in a press release.
Related Video
Casey and the band have been outspoken against ICE, recently re-working an older song into the protest anthem “Citizen I.C.E.,” an inclusion on a new split EP. Casey was also seen protesting in Boston alongside labor unions shortly after the death of Pretti.
The band’s stop in Minneapolis comes near the end of its US tour, which culminates with a St. Patrick’s Day residency in Boston, with tickets available here. See our review and photo gallery of their recent show in Port Chester, New York.
See the poster for the “Abolish ICE” fundraising concert below.
Indianapolis, IN
Indianapolis father and girlfriend sentenced to 30 years for boy’s death
INDIANAPOLIS (WISH) — An Indianapolis father and his girlfriend were each sentenced to 30 years in prison Monday for their roles in the starvation and abuse death of a 7-year-old boy.
Kevin Gavarrete, 27, and Julia Sizemore, 22, both pleaded guilty to neglect of a dependent, a top-level felony, in connection with the 2024 death of Gavarrete’s son, Kayden. Additional charges against them were dismissed as part of the plea deal, online records from Marion Superior Court 7 show.
A redacted police report shared publicly says Indianapolis Metropolitan Police Department was called at 3:40 p.m. Dec. 22, 2024, to the home of Gavarrete and Sizemore in the 1300 block of South Pershing Avenue. That’s in a residential and industrial area a few blocks southwest of the West Morris Street bridge over Eagle Creek on the city’s west side. The home is a short walk north of Ross Claypool Park.
IMPD child abuse detectives and the Indiana Department of Child Services were called to the home after the 7-year-old was found dead.
An autopsy later confirmed the cause of death was multiple blunt force traumatic injuries. Medical examiners identified malnutrition and dehydration as other contributing factors in the boy’s death. At the time he died, Kayden weighed 32 pounds.
A news release issued Monday from the Marion County Prosecutor’s Office said Gavarrete said could not provide investigators with reasonable explanations for his son’s condition or physical injuries. He told investigators that he had planned to take the child to a doctor for medical treatment but ultimately failed to do so.
Sizemore also admitted to investigators that she did not seek medical help for the boy. She stated she wanted to give Gavarrete the chance to seek assistance himself because the child was not her son. Sizemore further told investigators she did not want to “get into his personal business” regarding the child’s care.
Marion County Prosecutor Ryan Mears said in a statement in the release, “In my 20-year career as a prosecutor, this is among the worst cases we have seen. As a father of a child who was the same age as Kayden, it’s gut-wrenching. This resolution ensures both defendants will spend decades in prison and provides certainty for Kayden’s family.”
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