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When anti-ICE clashes trigger federal intervention: Experts explain the constitutional breaking point

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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.

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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.

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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.”

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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.

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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.

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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. 

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“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.

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“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

Carin León, Summerfest’s first regional Mexican music act, draws new visitors to Milwaukee

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Carin León, Summerfest’s first regional Mexican music act, draws new visitors to Milwaukee


Summerfest wrapped up its first weekend Saturday with headliner Carin León, who organizers said is the first regional Mexican music artist to hit the stage.

Out-of-town draw

What they’re saying:

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The performer drew visitors to the festival from Chicago to Michigan.

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“I love the experience, it’s really cool,” Gigi Acosta, who traveled from Chicago, said. “We love it, it’s so much fun here.”

Folks flocked into Henry Maier Festival Park to take part in the fun.

“He puts on a great show,” said Karina Rodriguez, who came from Chicago with her family.

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“Five hours, to me, is really nothing to come see him,” said Tracey Solis, who along with Filberto Solís, traveled from Michigan.

Tourism in Milwaukee

Big picture view:

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It is an impact Summerfest leaders said will have a greater impact on the city.

“We drive over $160 million in tourism to this economy,” Jerrod Woods, senior director of marketing for Summerfest, said. “Carin is another huge aspect of that to help bring all the tourism to the city.”

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Woods said León’s performance is an example of the diverse number of artists they want to keep bringing to the festival.

“The amount of people and outpour that you receive, like, ‘thank you for bringing such an incredible artist,’ like Carin León, who represents the Latin community not only here in Milwaukee but around the region,” Woods said.

It’s what brought new visitors, like the Rodriguez family, to Milwaukee.

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“We brought my mom because she’s a super fan,” said Karina Rodriguez. “She loves him, and this is our first time at Summerfest.”

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Acosta even made a poster hoping to get her favorite artist’s attention.

“I love you Carin León,” she said as she blew a kiss.

What’s next:

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Organizers said Saturday’s show is another example of giving people what they want. They told FOX6 News that they are already planning for 2027.

The Source: Information in this story is from FOX6 News interviews with Gigi Acosta, Tracey Solis, Filberto Solís, Karina Rodriguez, Georgina Rodriguez, Casey Rodriguez, and Jerrod Woods.

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Minneapolis, MN

Child seriously injured after being struck by car while playing in alley

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Child seriously injured after being struck by car while playing in alley


A child was seriously injured after a car hit them in an alley in Minneapolis on Saturday morning.

Minneapolis police say a child was playing in an alley near 29th Avenue North and Lyndale Avenue North around 11:30 a.m. when a car hit them. The child was brought to the hospital with potentially-life-threatening injuries, police added.

The child’s age was not released by law enforcement.

The driver of the car stayed at the scene and is cooperating with law enforcement, Minneapolis police said.

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There have been no arrests at this time.



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Indianapolis, IN

More than fun and games: Meet the family behind an Indianapolis Clowns legacy

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More than fun and games: Meet the family behind an Indianapolis Clowns legacy


CINCINNATI — The Savannah Bananas are back in Cincinnati, but this year they face a new opponent: the Indianapolis Clowns.

The Clowns were implemented into Banana Ball this season to honor the original Negro League team that played from the 1930s to 1989. The team also had stints in Miami (Florida) and here in Cincinnati as the Ethiopian and Cincinnati Clowns.

Rashawn Merchant

Original Indianapolis Clowns in front of their team bus.

So, when 93-year-old West Chester resident Myra Merchant heard the Clowns were coming to town, she said she was shocked.

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“It brings back a lot of beautiful memories,” she said.

Merchant’s husband, Henry Lewis “Speed” Merchant, was an outfielder for the original Clowns team. He coined the nickname “Speed” because of his pace on the bases.

WATCH: Meet the family of Indianapolis Clowns legend Henry Lewis “Speed” Merchant

The Savannah Bananas are back in Cincinnati, but their opponents hit home for one family

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In 1950, he won the title for most stolen bases in a single season with 45 bases stolen in 80 games.

“(He) was a hell of a ball player,” Merchant said of her late husband. “He could run, he was a beautiful runner.”

“Speed” died of prostate cancer in 1982, but even four decades later, at the Merchant family’s table, sit dozens of photos and memorabilia — a physical record of a legacy Merchant refuses to let fade.

Table of memories

Noelle Blumel

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Merchant has saved photos and items from her huband’s time as a player, such as his passport, glove, and part of his uniform.

“I can’t help it, it’s part of history,” she said. “I thank God he had a chance to prove himself in the Negro League.”

Their three children, Charisse, Herma Jean and Rashawn Merchant, still live in the Cincinnati area as well and remember the tricks he used to do as a player.

“They came up with tricks (like) hiding the ball and digging into the dirt and coming up (with it),” Charisse said.

Charisse added that even after his time as a player, their father would still perform the tricks from time to time.

“He just knew how to do so many things,” Rashawn said. “He could take the baseball and roll it down his shoulder… could catch the ball behind his back, over his head.”

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Family bond

Myra Merchant

Charisse, Herma Jean, and Henry “Speed” Merchant pose with their newborn brother and son, Rashawn Merchant.

Myra said the tricks, in addition to the baseball, made the games a joyful spectacle.

“There was laughter and fun in the game, the way they played it, and it was enjoyable,” Merchant said.

That enjoyment, however, came with adversity. The Clowns often had to perform in the face of open discrimination.

“It was rough,” Charisse said. “(Going to) certain places to eat, they would send whoever was the lightest-skinned guy on the team. He would go to the back and get the sandwiches or whatever to eat.”

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The hostility didn’t stop there.

“Players being thrown ice, (patrons) would throw the bottles at them,” Charisse said. “But (the players) kept going and they would win the game and hurry up and get on the bus.”

Charisse added that sometimes the players could not change out of their jerseys after games because they had to leave the hostile environment immediately to avoid things escalating.

Myra described the era with unflinching clarity.

“Prejudice, back in the, the ’30s and ’40s, and even a lot of times in the ’50s, that prejudice was still there,” she said. “And you had to endure it, take it, smile and keep going.”

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When asked what made the players want to keep going, Myra’s answer was immediate.

“I’ll put it this way, our Lord came here, and he knew what he had to endure,” she said. “He kept going, and that’s what the Black man has done. He kept going. Because had he stopped, where would he have been today?”

Charisse and Rashawn echoed that sentiment.

“He loved the game. It was just in his blood, and that’s what he wanted to do,” they said.

Now with a new generation of the Clowns making headlines, the Merchant family said their hope is that the fans and players know about the pioneers who wore the name first.

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Keeping "Speed's" memory alive

Rashawn Merchant

The Merchant family wants everyone to know about the original Indianapolis Clowns players who were pioneers of the game.

“I thank God because it lives on. He’s part of history. And it lives on through the children and every Black player. Every Black man that came through hell,” Myra said.

Charisse and Rashawn said they want that history to be part of the celebration.

“Just remember that it started through a lot of hardship, that it wasn’t all fun and games,” Rashawn said. “There’s a history there and all of it’s not the best, but they made the best of what they had.”

Myra said the struggles they went through, though grueling, are part of what makes America a great country.

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“They were part of America. That’s what makes America great, and it is a great country,” she said. “This is a melting pot of beautiful colors. She have her problems — What country has none? But we can solve them together, united as one.”

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.





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