It shouldn’t fall to armed Americans to take on the White House militia because the governor can’t use the National Guard to force ICE out of Minnesota, writes Joe Lauria.
A protest in New York against ICE this month. (SWinxy/Wikimedia Commons)
By Joe Lauria
Special to Consortium News
After the second execution of a U.S. citizen by the White House militia in the streets of Minneapolis, the governor of Minnesota demanded ICE agents leave the state. But the U.S. Constitution leaves him with few options to make it happen.
Though the U.S. Supreme Court has ruled that a governor, and not the White House, controls National Guard troops operating inside a state, the Constitution’s so-called Supremacy Clause means that Gov. Tim Walz cannot deploy Minnesota’s 13,000 troops to stop the 3,000 ICE agents from terrorizing the population.
Such a dramatic move by a disciplined force to arrest or disarm the ragtag ICE agents would of course risk civil conflict if ICE did not back down.
After the second ICE murder this month, Walz demanded: “The President must end this operation. Pull the thousands of violent, untrained officers out of Minnesota. Now.”
But according to the Constitution, all he can do is plead directly with the White House, which he did in a phone call with Donald Trump on Tuesday; or ask a federal judge to temporarily halt the ICE deployment, which Minnesota has done, arguing that it has become an illegal federal occupation of the state in violation of the 10th amendment.
Otherwise, under the Constitution’s Article 6, Clause 2 — the so-called Supremacy Clause — federal agents can operate in any state without the consent of state or local government. All the locals have been able to do so far is refuse to cooperate with ICE.
Since ICE is a paramilitary force controlled by the civilian Department of Homeland Security and not the Pentagon, the Posse Comitatus Act, which bans the military from domestic law enforcement, cannot be invoked to evict ICE from Minnesota.
These legal protections have emboldened White House officials to continue the operation and to investigate the mayor and governor rather than the shooters, as well as to condemn the victims of ICE’s brutality instead of the ICE agents inflicting it.
After the deaths of Alex Pretti and Renee Good, Trump officials like Stephen Miller, the deputy chief of staff, and DHS Director Kristi Noem accused the murdered of being “terrorists.”
Miller also accused Pretti of being an “assassin” because he brought a legally obtained handgun to the protest against ICE agents. Citizen videos shot of the killing clearly show Pretti being disarmed of his pistol before he is murdered execution style by two agents as other agents pin him defenselessly to the ground. Several bullets were pumped into him after he became motionless.
Vilifying Pretti as an assassin because he was legally carrying a gun has upset a group normally 100 percent behind Republican governments: the gun lobby.
If the Constitution bars the governor from using his troops to repel an invading paramilitary army, it allows the citizenry to be armed and to take action in self-defense, a not far-fetched development that would be best avoided.
Local police arresting ICE agents would not only invite altercation, but federal prosecutors are withholding evidence in the Good case, making it difficult for the state to charge an agent. A federal judge has ordered DHS to preserve evidence in the Pretti killing.
The egregiousness of these murders, especially of Pretti pinned to the ground — disarmed of his legally-owned gun — is a massive test for the identity of the United States. What kind of a country will it allow itself to become?
How far will it tolerate a federal authority waging war on the population? Is there a line government can cross to trigger a response from elected leaders? (Such a line was never crossed in their support for an allied nation committing genocide.)
The way to stop ICE is not to resort to vigilante violence, but for Congress to defund it and for public pressure, especially from his gun-loving base, to get Trump to back down. Already we see some Democratic lawmakers saying they won’t vote to fund ICE — and may shut down Congress to achieve that — and Republican Senators like Ted Cruz are asking for an investigation into Pretti’s death.
It is a moment of truth for the United States.
Joe Lauria is editor-in-chief of Consortium News and a former U.N. correspondent for The Wall Street Journal, Boston Globe, and other newspapers, including The Montreal Gazette, the London Daily Mail and The Star of Johannesburg. He was an investigative reporter for the Sunday Times of London, a financial reporter for Bloomberg News and began his professional work as a 19-year old stringer for The New York Times. He is the author of two books, A Political Odyssey, with Sen. Mike Gravel, foreword by Daniel Ellsberg; and How I Lost By Hillary Clinton, foreword by Julian Assange.
Easy to say that bringing in the National Guard to stop the LAWLESS LYING ICE “agents” would not conform to the “Supremacy” clause. BUT WHAT IF THE “agents” and the CRIMINALS WHO SENT THEM ARE ENTIRELY LAWLESS? Isn’t that being a bit too NICE, in both the legal and the social sense? I have been a pacifist and worked for peace all my life. I AM FED UP.
For the edification of anyone who so desires the information.
I received a notice from SubStack’ss This Will Hold and additional new information on the lawsuits and concerning the irregularities discovered and documented during the investigation of the 2024 presidential election.
I urgently advise any and everyone who hasn’t gotten familiar with this story do so immediately!
Best hear this straight from the horses mouth.
How long do you think this country could have open borders?
What impacts would there be on this country if the democrats accomplished that?
Try thinking of everything you rely on and then think of how it would be impacted by millions of people.
Try rejecting lying Con propaganda first.
I’ve found that people who claim to support open borders aren’t inclined to think it through, but that’s not the subject of Joe Lauria’s essay. Defunding ICE isn’t about accepting open borders, it’s about ejecting the paramilitary forces rampaging around our cities.
No borders, no country. Truhas it right. Occidental Quarterly, 2026 winter edition has an excellent interview with Prof.Ricardo Duchesne on culture-immigration,
I have a question; since the federal government is not obeying it’s own laws, why would a state feel compelled to? It looks like judges order this and judges order that, and the white house and it’s members just ignor the orders. So why are states required to follow the constitution and laws while the federal gov does not. Questioning minds want to know.
We need to get rid of all borders. Everyone should be able to come to America. We could easily take hundreds of millions of immigrants.
Too, support 1 world, 1people.
Thank You Joe
People wrongly believe ICE is poorly trained because they don’t respond like LEOs. ICE is a paramilitary force trained to react to any provocation with overwhelming violence, which they invariably do. Their job is to bring fear and chaos to Trump’s opponents, said opposition being American voters who disagree with him.
Nothing good any more to learn from the US!
The one inalienable and potent power that the people always possess if they choose to use it is the power to boycott. Do not support with your purse entities, cooperate or government, that abuse you.
There really is only one way to stop Trumps Gestapo para-military force from mass mayhem and murder. And that is an open ended nationwide general strike. That should be obvious.
Very easy to call for one, very hard to organize and to sustain for the length necessary to be successful. ICE needs to leave now. Local police arresting ICE agents not only would invite altercation but federal prosecutors are withholding evidence so that it would be difficult for the state to charge an agent. Here are some successful US general strikes of the past (from Gemini AI):
1835 Philadelphia general strike
New Orleans General Strike (1892): Roughly half the city’s working population struck, successfully securing a 10-hour workday and overtime pay.
San Francisco General Strike (1934): Emerging from a maritime strike, it effectively shut down the city and established the power of the International Longshore and Warehouse Union on the West Coast.
Minneapolis General Strike (1934): Led by Teamsters, this strike won union recognition and wage increases, turning the city into a major union stronghold.
Oakland General Strike (1946): Often cited as the last major citywide general strike, it was part of a massive post-WWII strike wave that involved over four million workers nationwide.
The frequency of such strikes dropped significantly after the passage of the Taft-Hartley Act of 1947, which placed strict legal prohibitions on secondary boycotts and sympathy strikes, the primary mechanisms used to coordinate general strikes.
Yes thank you for the reminder. Also, strikers were killed by police and/or national guard. And then the problem of agents provocateurs is always there. Organizing a general strike is also a dangerous affair, but organized resistance is the only way to bring about any significant change. Also, we have the collective action dilemma.
Bad things are all I seen in the immediate near future.
Mr. Orange and his Cult of Dirty Money Fascists are beyond reach. Corrupt beyond refute and ready to kill to stay that way. They will not stop until their Are stopped, IMO.
The major distinction they have separating the from more conventional politicians is they don’t care. They feel they don’t have to because of the Billionaires who their ability to pour unlimited money into republican and democratic parties and pay for endless litigation used to burn up legislative clocks and clog courts. All added to party budget funds fattened by other lobbyists.
They are not even considering giving up at this point, IMO largely because they are dimwitted enough to think Americans are going to lay down and allow this bunch of ass clowns steam roller them.
All this in addition to these far right extremist radicals violent tendencies exhibited on Jan 6, 2020 during a violent riot intended to disrupt the FUNCTION of Federal Government.
I do not understand what the hell it is about this coup which prevents Americans from seeing it for exactly what it was intended to be.
The unauthorized hijacking of the U.S. Federal Government, every branch every individual entity they can take over or eliminate. If this is not exactly what they intend explain to me what the hell exactly are they doing. Y’all got about two friggn’ minutes, okay!
Anyone here know of the Son’s of Liberty? Everyone forget Vet’s stick together and tool an oath that never expires. Trouble is afoot just as sure as I sit here.
Have a nice weekend and Be Safe
“I do not understand what the hell it is about this coup which prevents Americans from seeing it for exactly what it was intended to be.
The unauthorized hijacking of the U.S. Federal Government, every branch every individual entity they can take over or eliminate”
Unfortunately this government was elected, it wasn’t hijacked, in large part thanks to the Democrats who couldn’t even beat a candidate like Trump.
I refuse to acknowledge I approved and one gaddamned this Idiot has done or is likely to do.
Yup he was elected but no tby my vote. In addition vote machine tampering has been investigated and acknowledged. Check out This Will Stand at the SubsStack. A pretty reliable computer forensics investigator has filed suit I do believe claiming he worked as a CIA contractor who analyzed phone meta and discovered the voting machines had been tampered with. This group released a story at SubStack claiming Epstein contacts were revealed in some of those investigations of the data, discovered during the course of the investigation references of number to number calls exposed certain individuals, very wealthy individuals contacting other known actors in the activities.
One thing we must get straight here is I openly call out the last administration and the current one for their involvement in the genocide in Gaza. And the mess in the Ukraine. If this weren’t so serious it would be laughable to think these idiots are serious about anything. Anything other than enriching themselves by the death of others.
We can claim the government hasn’t been hijacked but doing so is a fatal mistake. Our government is and has been dangerously out of control since since John Roberts read the scotus decision on the Citizens United case January 21, 2010. and it’s been in a free fall ever since. IMO! Once the dimos decided to support the Queen of Chaos in her run against the Mr.Orange I been very vocal about this free fall. I’ll say the quiet part out loud here Joe. The damned hapless dimocrats can be honestly referred to as being the “paid opposition of the republicans’ since the moment they screwed Bernie Sanders. No one other than the super wealthy elitists, (Pelosi & Co.) ‘the SWETS’ were convinced Hilary would win, sold out to the opposition.
Do you realize the only person to openly criticize the SCOTUS January 21, 2010 decision was Barrack Obama who stated words to the affect of this is a very bad idea, the hogs will line up to the feed troughs now. Fifteen years later we have Trump and his Cult of Fascist extremist taking perverted liberties destroying the provisions of the U.S. Constitution and big trouble is coming. the direct result of big amounts of dark dirty money floating around.
You may have to support and bogus election, not me. I took an Oath which never expires and I’m not giving one iota of recognition or respect to Sir Orange, the Village Idiot from NYC.
I could not agree more.
The labor movement is a perfect example of the ‘pendulum effect.
The labor movement in the U.S. has swung from being relatively solid up till after WWII and Taft Hartley to the opposite direction. The power of labor in politics has steadily declined ever since. See the hapless democratic party.
The labor movement was infiltrated by organized crime early on thanks to CIA and labor collaboration in part, and pension funds disappeared. They still do, the public rape of American Labor.
Taft Hartley is the reason we rail companies running amuck this very day. See Palestine Ohio!
As usual when the power of one of two groups Becomes overwhelming trouble in the streets often occurs.
Go back in history and study in detail the events which occurred during them. Then prepare yourself. By the power of human nature we humans as flawed as we are will only eat so much B.S. before the rock meets the cop!
“a moment of truth for the United States”? –we are
all living the Lie.
Afdal has the right idea; the power of the purse is the citizens’ best choice. Think of all the ads in all forms of media – all you watch & listen to & click on supports the money rampant in government. If we stick to what we actually need (rather than want), we will be heard more loudly than any protest.
In fact, with the US sending ICE to the winter Olympics, refusing to watch will send a huge message. Sam for the Super Bowl. Not dramatic or exciting, spend the time discussing our country’s needs with neighbors & community members.
Maybe it is time to break up your broken country and make several smaller countries, more democratic, more peaceful and less dangerous for the rest of the planet….
Nah. They’d just wage war against one another like old school Europe.
The illegal aliens exist in much greater numbers in Texas and Florida than they do in Minnesota. It’s in those states where the efforts to ferret them out should be focused.
The great Cesar Chavez had this 100% correct: illegals depress wages and increase rents, which harms many U.S. citizens on the lower end of the economic ladder, primarily our African American and Chicano citizens.
But the real focus should be raiding formal and informal worksites in order to charge with felonies the employers hiring illegals and the landlords renting to illegals.
Otherwise relatively (relatively) decent nations take a restrictionist stance, such as Denmark, China, Switzerland and Japan, there’s no reason we cannot do the same.
It’s a bit silly and cringe to talk economic populism (which I support 1,000%) while leaving the problem of illegal immigration unaddressed. During the Dem primary when Bernard promised Med4All to illegals was one of the more dumb and forehead slapping things I’ve witnessed in a long time.
What’s crucial to remember is that there’s a large segment of our parasitic financial elite who greatly desire more of a hodgepodge heterogeneous nation versus a more homogenous nation bc they understand (a lot more than the good hearted but braindead liberal activists) that it’s much more difficult for the former to rally against their predations and exploitations.
Having said all this, trigger happy ICE agents should definitely be prosecuted to the fullest extent of the law, absolutely, and ICE agents must undergo better training.
What makes you think the ICE agents weren’t trained to do exactly what they’ve been doing? They behave as if they were trained by the IDF just like our police departments.
Regarding so called illegal immigration, perhaps if the US hadn’t set fire to the global south for corporate/banker profits, forcing the people in targeted countries to flee the horrors we created for them, we wouldn’t see so many refugees from that policy.
Imperial boomerang.
Subsidized ag exports is driving this migration.
Hey Drew.
Just for shits and giggles how about some interesting facts?
Facts; State leaders in population.
1rst California 39.36 in millions
2nd Texas 31.29
3rd Florida. 23.26
4rth New York. 19.74
5th Penn. 13.o
6th Illinois. 12.6
Any idea of how early illegal immigration was first recognized as being problematic?. How about 1970’s. The population of the U.S. at the time around 230 million Americans. How many estimated illegal aliens were in the in 1970? We do not have reliable numbers because the numbers were not tracked. The issue must of some how continuously slipped through the bipartisan cracks.
Chinga la migra
Being an American must be a awful state to be in. Not because of the criminality of your state and Government but because of the mental straight jacket you live within.
Any policeman can arrest an ICE agent for murder. Murdering US citizens is not part of the duties of an ICE agent. Murdering those assisting others in a public place is not part of the duties of an ICE agent. Murder is not something covered by “qualified immunity”.
Wake up!
Brilliant observation … and remedy. I hope you will do all possible to share this with Tin Walz, his office. It is there that a difference might be made.
The challenge, however, is the same for any Minneapolis policeman as it would be for a member of the Minnesota National Guard. Nevertheless, I believe this should be carefully explored.
They are Trump paid provocateurs. Murderers! Trump using trouble makers as an excuse to kill protestors is as old in the US as labor wars. Wealthy businessmen have long used violent provocateurs to justify the use of deadly force. Research American Labor Union Wars. Typical White Privilege used liberally to stop down pro-labor movements.
Illinois is one of the worst states to be in, BTW! Things have now gotten completely out of hand. Wait and see the Trump train wreck happen.
John I just turned 77, still I sit here and rage on the machine. Drafted a 19 in May 1968 I learned very quickly exactly what total subjugation was all about! You know being owned by another entity you have no control over. No Vietnam no Combat. The government should have made gaddamned sure they killed while they had the chance. They didn’t learn and Vets Never Forget!
The Federal Government, in my opinion must consider what the hell they are going to do if 130 million Americans decide they want to run their own government instead of the crazy pedophiles, super wealthy greed heads and the criminally insane.
After the my witnessing the Genocide in Gaza I will not unconditionally trust this government to do the right thing! Neither party seems the least big troubled by the wanton blood lust which propelled the genocide. Unforgivable of either the U.S. or Israel leadership.
This country is about to undergo some dramatic changes. I’m an optimist but correct prescient optimists live in reality. Theses events will be ongoing, unpleasant and a test of the will of ‘We the Peoeple” to run our own government molding it into a functional system, not ran by big money and lobbyists! By, by AIPAC!
.
Of course this all might be simply my wishful thinking. My inmmediate area is saturated with strong RESISTANCE NO KNEELING, at my age the knees will not tolerate it! Be Safe John
Unfortunately, the law is what power says it is, and whoever’s will wins out. We already have a long precedent of police officers murdering citizens, military and mercenaries murdering civilians, CIA kidnapping and torturing people, and a precedent that in most cases they must expect to be legally exempt from consequences. People have already internalized this. This only takes it to the next logical step, using DHS as a workaround of what legal constraints might have existed.
It did take a while but it’s been a long term project to replace law with raw executive power and rule of men.
Please don’t tar all of us with that brush.- just the Cons.
Citizens arming themselves or begging a 3rd party to act on their behalf aren’t the only options here. There is another way for them to assert their power. The AFL-CIO, a long dormant, dysfunctional, often spineless organization, has the right idea. It’s time for workers to remember where all the power in society ultimately stems from: the labor performed by workers. A general strike shutting down the Minnesotan economy would put an end to all of this very fast.
The Trump regime would welcome Minnesotans shutting down their own economy — the equivalent of burning down one’s own neighbourhood in response to a police shooting — because it would advance the regime’s aim to destabilize Minnesota, inflict suffering on the people who live there, and frustrate all attempts to end the terror.
A nation-wide general strike, on the other hand, would wake the figures behind this occupation up to its rejection by wide swaths of the voting population of the U.S.
I don’t agree with this legal assessment.
Ice deputies have a right to trial provided they get there by means of surrender, unarmed arrest. There are perhaps some good eggs dotting their I’s and crossing T’s.
Ex Parte courts are not that convincing.
Even municipal ones. Summon them to give an account before a sworn judge.
wouldnt this just further hurt Minnesotans?