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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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Illegal dumping at former grocery store near 35th and North, Milwaukee
MILWAUKEE – Milwaukee leaders on Monday, May 4, will unveil new plans to help stop illegal dumping in the city.
Mayor Cavalier Johnson and the Department of Neighborhood Services are expected to announce the expansion of a citywide program that uses hidden cameras in the monitoring of illegal dumping.
This annoucement will be made at City Hall at 10 a.m.
Illegal dumping
Dig deeper:
Illegal dumping continues to impact Milwaukee neighborhoods, especially on the north side.
Boats, mattresses and even small vehicles are among the items dumped along streets and vacant areas on the city’s north side.
Alderwoman Andrea Pratt said she monitors more than 40 illegal dumping sites weekly. One recurring trouble spot, she said, is along the Beerline Trail.
Additionally, since closing in July 2025, the former Pick ‘n Save parking lot at 35th and North has also become a major site for trash, furniture, and tires.
In March, FOX6 News first showed viewers piles of garbage around the building after a viewer reported concerns. The city then issued an order to the property owner to clean up the property.
Weeks later, neighbors say the major trash piles are gone, but graffiti now covers parts of the building and new trash has appeared behind it. They say the closure created additional problems for the neighborhood.
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The City of Milwaukee Department of Neighborhood Services has now issued another order, requiring the property owner to remove the graffiti or face fines.
Illegal dumping at former grocery store near 35th and North, Milwaukee
Report illegal dumping
What you can do:
If you are caught dumping garbage illegally in Milwaukee, you can face a fine of up to $25,000.
Anyone can report illegal dumping by calling 414-286-2489.
The Source: The information in this post was provided by the City of Milwaukee and the Milwaukee Department of Neighborhood Services.
New roofs and better insulation. Updated appliances, new paint and security improvements. And a sense that it’s all transformative — and overdue.
More than 50 years after the nation’s only Native-preference Section 8 housing project was established, Little Earth in south Minneapolis is undergoing a $50 million remodel that will last two years and cover all of its 212 units.
The work, which started early this year, will be so extensive that some of Little Earth’s more than 1,000 residents will have to move to hotels in phases while it goes on. But most residents are looking forward to the updates.
“It’s about damn time,” said Contessa Ortley, who has lived at Little Earth all her life. “[The units] are so old that it’s good to see them coming over and having some people get in there and actually fix them properly.”
It’s the first remodel of this scale since the housing complex was founded in 1973.
“It’s just such a big deal that [it] is being invested in this way,” Joe Beaulieu, executive director of Little Earth Residents Association, said of the scale of the investment. “It shows that our people are cared for, they’re cared about, that their safety is important to us, that we want to make sure that our people have better than decent living conditions.”
The complex has a mix of units ranging from studio to four-bedroom units. Funding for the remodel is coming from multiple levels of government — federal, state, county and city — as well as private foundations.
Minneapolis is kicking in almost $23 million, making it the city’s sixth-most-expensive development project last year, when the money was invested. “[It] really is a precious resource and something that we wanted to preserve,” said Linnea Graffunder-Bartels, senior project manager of Community Planning and Economic Development for the city. “Some of the rehab work that’s going to happen now is replacing systems that have been in place since original construction.”
Little Earth was founded in response to the Indian Relocation Act of 1956, which encouraged Native people to leave their reservations and move to cities to assimilate. That left many Native Americans disconnected from their reservations, their families, cultures, traditions and languages.
Little Earth was founded to provide temporary housing to Native Americans who faced housing discrimination, while also providing them with a culturally connected community.
“It was so new that it was loved and cherished,” said Cathee Vick, director of housing advocacy at Little Earth Residents Association. “I don’t think it was built to last as long as it has, and I do think people planted their roots because of the fight to get what they got.”
Graffunder-Bartels said the remodel became a priority after a federal Housing and Urban Development (HUD) inspection in 2021 that identified urgently needed repairs and improvements. “That inspection result put Little Earth’s rental assistance funding at risk. At that point, HUD said, ‘These things need to be reinvested in, or else,’” she said.
All Little Earth rental units are eligible for rental assistance. The funding commitments from different levels of the government come with the requirement that that affordability will be maintained till 2057. The new funding will also allow the Little Earth Residents Association to continue its work with those experiencing homelessness and people with disabilities by reserving 22 units for each type of need; these units will also come with supportive services.
The remodel will take place in a phased manner, Vick said. Residents of some units will be temporarily moved to hotel units while their apartments undergo work.
The remodeling will include better insulation, new windows, repairs, new paint, new roofs, stucco, updated appliances, windows and walls, as well as energy efficiency improvements for water and insulation. It will even provide space for growing food and wildflowers.
“[It’s] amazing we got it done,” said Tom LaSalle of LaSalle Development Group. “And we have to guard it carefully, especially with what’s going on right now,” he added, pointing to funding cuts in DEI-related projects under the Trump administration. LaSalle’s organization is leading the remodeling work and has also helped put together project funding. LaSalle has been involved in the development of Little Earth housing since its inception.
LaSalle said that in addition to changing the landscaping of the project, the remodel will include culturally appropriate details such as colors, artwork, and access to more trees and wildflowers.
The project, like any housing complex, is not without its complications. LaSalle said that density is a challenge because of the number of bedrooms packed in relatively small acreage. Members of multiple tribes represented at Little Earth have cultural differences as well, making for a “difficult social project.”
Talaya Hughes, a resident of Little Earth and an undergrad student at Augsburg University in Minneapolis, is a teen recovery coach who said she wants to help “bring culture back to our community and reconnect our youth to our roots.” She is excited by the idea of better sound insulation and improvements in heating and energy efficiency. But as a young woman, she said, she has safety at top of mind. “Before remodeling, what could have been worked on was the violence here,” she said.
Drug use and homelessness plague the neighborhood. Little Earth housing is near a large encampment under Hwy. 55, the site of homeless encampments.
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“I don’t think it was built to last as long as it has, and I do think people planted their roots because of the fight to get what they got,” said
Cathee Vick, director of housing advocacy for the Little Earth Residents Association seen on April 21, 2026. Credit: Dymanh Chhoun | Sahan Journal
“It’s difficult,” Vick said. “We don’t want our kids to see this. You can’t go underneath the bridges. You got to walk in the middle of the road.” That’s a big inconvenience for Little Earth residents with family members living in the Red Lake building nearby, or for those going to employment classes at the American Indian Opportunities Industrialization Center.
Vick added that conversations are going on about how to address “this very sensitive but needed subject” and come up with possible solutions. “Because we do need help,” she said.
LaSalle said that the remodel aims to address some of the security issues with AI-driven security that monitors cameras and alerts security personnel to any suspicious activity.
“We need to give everyone an equal opportunity, and a new renovation is good for the community, to give them a safer environment,” Ortley said of safety issues around her home. ‘“We shouldn’t be discriminated against or less valued than others.”
What’s going on at Washington Square Mall?
A development study is underway at the east-side mall, which has changed hands and lost dozens of retail stores since its heyday.
It’s May, which means it’s destined to be a busy month at the racetrack. But if you’re looking for other ways to spend your time, look no further than some of the newest shops in the Circle City.
A specialty snack shop opened last month in Carmel, and a new Fountain Square spot is selling vintage and alternative clothes.
Here are four new places to go around the metro area.
What’s opened recently around Indianapolis
Retrograde
1114 Prospect St., retrogradeindy.com, opened April 4
Retrograde, a retail and consignment shop, opened last month on Fountain Square’s main commercial strip. According to the store’s website, Retrograde features punk, rock, emo, alternative and vintage styles with an emphasis on sustainable clothing.
Open Thursday noon to 8 p.m.; Friday noon to 10 p.m.; Saturday noon to 8 p.m.; and Sunday noon to 6 p.m.
Flavor Bridge
846 S Rangeline Rd, Carmel, opened mid-April
Flavor Bridge, a specialty, build-your-own-bag snack shop, opened in Carmel last month at the City Center. Customers can fill a bag up and pay based on weight or can choose from a gift box with a flat rate. The store will also host monthly events, special holiday themes and limited-edition snack drops.
Open Monday to Thursday 10 a.m. to 8 p.m.; Friday and Saturday 10 a.m. to 9 p.m.; and Sunday noon to 8 p.m.
Nutopia
9538 126th St, Fishers, 317-288-4468, opened mid-March
A nut store recently opened in Fishers on 126th Street. Despite its name, Nutopia offers more than a wide selection of salty snacks. The cafe also serves coffee, matcha drinks and sweets, along with imported treats from the Middle East.
Open Sunday to Thursday 10 a.m. to 11 p.m.; Friday and Saturday 10 a.m. to 1 a.m.
Avelure Med Spa
8487 Union Chapel Rd Suite 620, aveluremedspa.com, opened earlier this year
Avelure, a medical spa, opened at Keystone at the Crossing. It’s the second Avelure location in the Indianapolis area, joining a store in Greenwood. The spa offers Botox treatments, laser hair removal, facials and other services.
Appointments available. Open Monday to Friday 9 a.m. to 6 p.m.
See a store opening or closing in your neighborhood? Contact IndyStar reporter Alysa Guffey at alysa.guffey@indystar.com.
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