Comment by salawat
3 days ago
>IANAA: what legal powers does the city/state have to expel ICE agents? Especially as they are operating in, at best, increasingly shady legality.
If ICE weren't acting like brown shirts, not much. It'd be Federal tasking happening according to due process;probably after the State informed the Feds they would not delegate local LEO to their task.
Now, seeing as ICE are acting like brown shirts; things are kinda complicated. Technically, charges can be brought against specific agents breaking the laws of the State. If those agents happen to be Minnesotan, it may be something that stays internal to the States courts. However, if they are from out-of-state, things get complicated, because then you start dealing with nasty things like Federal jurisdiction, and the fact the Federal government isn't going to be terribly motivated to do anything other than paper over things in the most convenient way they can.
Now as to whether Minnesota could just outright expel ICE; it'd be something that hasn't been tested since the Civil War. Typically, when you start doing things like that, the Feds escalate quickly. This type of thing has previously been avoided through attempts at maintaining some degree of professional conduct amongst Federal agents, and getting buy-in from the locals.
We are now firmly in interesting times.
> things are kinda complicated. Technically, charges can be brought against specific agents breaking the laws of the State
Yes, and the complicated part is federal supremacy[0]. The federal government can "convert" the case against the agent into a federal one and essentially just turn a blind eye which means no justice. No doubt that this administration would protect agents executing citizens by saying it was "part of their duty" to be there and doing that.
Relevant: https://www.congress.gov/crs-product/LSB11213
0: https://en.wikipedia.org/wiki/Supremacy_Clause