Seems when it comes to cooperating with Federal Law Enforcement Officers enforcing Federal Immigration Laws the word “INVASION” seems to be the label-de-jour by the Democrat-controlled State of Minnesota and some Liberal Media outlets reporting on actions by ICE to legally arrest illegal aliens:

Of course this is seen by some (including Yours Truly) as inflammatory rhetoric: While Minnesota has not legally declared itself a Sanctuary State, nor the Twin Cities as Sanctuary Cities, Minnesota’s pro-immigration policies, at least one legal opinion by Minnesota’s Progressive Attorney General Keith Ellison, and the reluctance of Minnesota’s Democrats to assist enforcement of Federal immigration laws are effectively shielding illegal aliens, including ones wanted for violent criminal activities.

Now, as far as I know,

a State or Local law enforcement agency of any State can’t legally enforce Federal Immigration Laws unless the agency signs an agreement defined by Section 287(g) of the Immigration and Nationality Act (INA). Section 287(g) allows the Federal Government to delegate enforcement of specific immigration enforcement tasks to State and Local law enforcement.

When it comes to Minnesota’s 87 counties only 6 have one or more Federal Section 287(g) Agreements in place, and none of those six counties include the Twin Cities (Minneapolis & St. Paul) or its’ Metropolitan Region:

(Click for a much larger image)

And, any agreement in place can be cancelled at anytime by either the Federal Government or the local law enforcement agency.

So, President Trump can demand Minnesota cooperate with the Federal Government…

… but Minnesota’s State and Local Law Enforcement are not legally required nor obligated to assist the Federal Government in enforcing Federal Immigration laws.

And neither is anyone else in the State.

However, State and Local law enforcement still have to enforce State and Local laws to protect the population, and that population includes any Federal officers inside the State. And, no one within the State can intentionally or willfully interfere with enforcement of Federal Laws.

Article VI, clause 2 of the U.S. Constitution states:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Under the US Constitution the Federal Government not only has the Right to enforce Federal laws, but if there’s a conflict between Federal law and State law the Federal law applies.

And, speaking of Federal laws “made in pursuance thereof”, consider:

• 18 U.S.C. § 111 makes it illegal to forcibly assault, resist, oppose, impede, intimidate, or interfere with any officer or employee of the United States or of any agency in any branch of the US Government (including the military) while they are engaged in or on account of the performance of official duties.

• And, 18 U.S.C. § 118 makes it illegal to do the same to any Special Agents of the US Government while they’re doing their official duties.

• Finally, 18 U.S.C. 1501 makes it illegal to obstruct, resist, oppose, assault, beat, or wound any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any writ, rule, order, process, or warrant legally issued by a US Court or Magistrate.

Bottom line? If someone doesn’t want to cooperate with the Federal Government in enforcing Federal Immigration Laws they might get in trouble, but if they forcibly assaults, resists, opposes, impedes, intimidates, interferes, obstructs, beats, or wounds a Federal employee they will get in trouble.

Recently President Trump sent his “border czar” Tom Homan to Minneapolis to oversee enforcement of Federal Immigration Laws. It’s the same person who received the Presidential Rank Award as a Distinguished Executive from President Obama in 2015 for his work in enforcing Federal immigration laws, and who served under Democrat Resident Joe Biden while Biden and his Secretary of Homeland Security Alejandro Nicholas Mayorkas essentially left America’s Southern Border wide open.

I wonder if the people of Minnesota know about “Title 9, Section 65.000 – Protection Of Government Officials“?

Disclaimer: I’m not a lawyer, the laws cited isn’t exhaustive, and this doesn’t constitute legal advice.

Thanks for Reading!