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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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Eagan, MN – Minnesota Aurora FC clinched a fifth straight Heartland Division title and a spot in the USL W League playoffs with a 4-1 win over River Light FC on Saturday at TCO Stadium.
Aurora improved to 10-0-0 on the season and finished its home schedule unbeaten.
Ai Kitagawa scored twice and added an assist, increasing her season total to 11 goals. Flavie Dubé had a goal and an assist, and Amelia Brown scored her first goal of the season.
***Click video box at the top of the page for postgame interviews***
Kitagawa opened the scoring in the 14th minute off a through ball from Dubé. River Light tied it in the 27th on a header from Victoria Adams — the first goal allowed by Aurora this season.
Minnesota regained the lead in first-half stoppage time on Dubé’s breakaway finish and extended it in the 51st minute when Kitagawa scored again on a cross from Gracie Dunaway. Brown added a late goal in the 81st minute.
Aurora will play its final two regular-season games on the road before the playoffs begin the weekend of July 3-5.
FAYETTEVILLE, Ark. — “It’s difficult to call the Battle Line Rivalry a true rivalry when Arkansas has won just twice since Missouri joined the SEC.”
Missouri coach Eli Drinkwitz has made this one matter even more for the Tigers during his time in Columbia due to his Natural State roots.
The Alma native is 5-1 against his home-state with three victories coming by seven points or less.
Silverfield has watched the Razorbacks from just across the river in Memphis, and has noticed a pattern in most of the losses over the years. Turnovers have been a major issue in this series through the years.
Whether it was the Alex Collins fumble in 2014, a blown 24-7 halftime lead in 2016, a 48-45 shootout loss in 2017, allowing Missouri to drive 60 yards in 43 seconds for a walk-off field goal by Harrison Mevis in 2020, or letting Brady Cook sprint 30 yards untouched during the Snowmaggedon game in 2024, the Razorbacks have been allergic to holding onto fourth quarter leads against the Tigers.
The biggest curse of all was Arkansas’ game against Missouri was scheduled for Thanksgiving weekend, which effectively replaced the Battle of the Golden Boot against LSU. Despite not playing on an annual basis prior to joining the SEC, this game became quite the underrated rivalry not only in the SEC, but nationally with eight games coming down to the final possession from 2005-2013.
Talent Advantage: Missouri
When it comes to talent on the field, this might be Drinkwitz’s deepest team since his arrival at Missouri in 2020. The Tigers have a total of 43 former 4-star prospects and 25 who were rated as 3-stars during their recruitment, according to the Razorbacks on SI offseason Tracker.
Between Austin Simmons at quarterback, Ahmad Hardy in the backfield, Ben Norfleet at tight end and wide receiver Donovan Olugbode there is plenty of firepower to create mismatches in space. Then, Missouri’s defense is fairly deep with linebacker Nicholas Rodriguez, safety Santana Banner and defensive lineman Darris Smith.
The Tigers can bring the heat to opposing backfields, field a standout secondary and always seem to have instinctive, hard hitting linebackers. Drinkwitz’s best year came in 2023 with an 11-3 overall record but have yet to officially breakthrough in the SEC.
And with this roster, it’s either time for the Tigers to solidify its place among SEC brethren in 2026 season, or continue its slow path back to mediocrity within the league.
A talent advantage alone won’t always win teams ball games, but one that plays disciplined and understands how to control momentum throughout a game can find ways to win.
The Razorbacks have held the talent edge several times over the years, but still suffered defeat in 2016, 2017 and 2022. Since Missouri joined the SEC, their teams have played with confidence that kept them in games they had no business winning.
Former National Championship winning coach Urban Meyer once said, “Leave no doubt” when it comes to winning at the Power Conference level. Maybe it’s Arkansas’ turn to have a coach whose players are ready to run through a wall for in Silverfield this fall.
The Silverfield Mindset
There’s something to be said about a coach who can motivate his team for the biggest of challenges and overcoming talent deficiencies.
Any team can have the Jimmys and Joes but it all comes down to execution, and that’s something that Arkansas has struggled with over the past several years. Silverfield believes a lot of Arkansas’ struggles came down to a culture of losing, which is something he’ll have to cleanse it of this offseason.
“We’ve had one Power Four win at home the last three years,” Silverfield said in an appearance on McElroy And Cubelic In The Morning radio show earlier this spring. “We have to play more disciplined football. Arkansas has not done a great job with penalties, pre-snap, post-snap, dead ball. Taking care of the football, ball security. That’s been part of some of the failures here.”
Silverfield understands Arkansas’ quickest path to improvement begins with eliminating self-inflicted mistakes. After all, the program is just 17-49 in one possession games since 2012.
Arkansas was close last season to being a very good team last year, but weren’t able to do the small things needed to win games.
The Razorbacks finished last season ranked No. 125 in turnover margin (-11), No. 121 in third down defense (45%), No. 99 in sacks allowed, No. 126 in penalties (7.8 per game) and No. 112 in total penalties showed that a change in leadership was sorely needed.
And the truth is, the Razorbacks might’ve found the right man for the job going into 2026. Arkansas has been close time and time again.
With this game being played on Halloween this fall, it’s possible Arkansas can practice its Houdini act and put the struggles against Missouri behind them once and for all.
Hogs on SI Season Preview Series
North Alabama: Why Week One Matters More Than It Should
Utah: Silverfield Doesn’t Know What Razorbacks Are, Utes Will Provide Answers
Georgia: Razorbacks Might Not Beat Georgia, But Offer Test Kirby Smart Didn’t Expect
Texas A&M: Can Hogs’ Rebuilt Defense Slow Down Marcel Reed?
Tennessee: Razorbacks Must Reclaim Homefield Advantage Against Tennessee
Vanderbilt: Arkansas Might Be Catching Vanderbilt at Right Time in 2026
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