Anti-ICE protests in Minneapolis fall short of constitutional crisis, experts say

February 6, 2026, 8:48 PM EST
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Legal experts say that the recent anti-ICE protests in Minneapolis do not constitute a constitutional breakdown or justify the use of federal emergency powers. While tensions have escalated, hindering federal agents’ work does not violate the Constitution. The resistance from Democratic leaders in Minnesota has sparked criticism, but their actions fall within protected principles. Despite federal authorities making arrests, the anti-ICE activity does not signify a collapse of federal authority. The Trump administration has not resorted to using the Insurrection Act, as it is not deemed necessary at this time. Minnesota, (Fox News) — Legal experts weigh in on the possibility of invoking the Insurrection Act amidst ICE clashes in Minnesota. While some suggest it could be an option, others emphasize that the current protests do not meet the criteria for such drastic federal action.

Experts Debate the Use of the Insurrection Act

Law professor Ilan Wurman believes that Trump could potentially invoke the Insurrection Act, but emphasizes that it should be a last resort. Fox News contributor Jonathan Turley points out that the Act could be appropriate in cases of direct interference with federal laws, but notes that the current protests do not justify such extreme measures.

Federal Authority Remains Intact

Despite the intensity of the Minnesota protests, legal experts argue that the promise of arresting ICE agents and setting up roadblocks to bar federal agents would violate constitutional authority. The situation does not yet meet the threshold for invoking the Insurrection Act, according to Turley and other experts.

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