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Minnesota is not an land – geographically oregon legally. That’s the steadfast connection from the Jan. 31 decision by Judge Katherine Menendez, refusing to issue a preliminary injunction against the national government’s migration instrumentality enforcement operations successful Minnesota.
The national migration laws use successful Minnesota conscionable arsenic overmuch arsenic successful Missouri. Contrary to cynical politicians who question to weaponize misguided individuals into warring a phantom beatified warfare pitting immoderate states against the nationalist government, Operation Metro Surge is neither unconstitutional nor a usurpation of states’ rights.
The national court’s stinging rebuke appears to person rapidly forced Minnesota's politician to present "unprecedented cooperation" and alteration Border Czar Tom Homan to drawdown national agents connected Feb 5th. Here’s why.
Let’s commencement with however this lawsuit got to court. Minnesota’s politicians person been engaged successful lawfare against the Trump medication claiming that the national authorities is intruding connected the state’s sovereignty. They challenged the national enforcement actions arsenic violative of the 10th Amendment to the U.S. Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, oregon to the people." Minnesota sought a preliminary injunction to halt Operation Metro Surge.
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People enactment successful an anti-ICE rally Sunday, Jan. 25, 2026, successful Minneapolis. (AP Photo/Jack Brook)
Even though the court’s ruling was connected a preliminary motion, the law statement was efficaciously busted by the judge’s reasoning.
Minnesota argued that Operation Metro Surge was motivated by governmental animus, aimed astatine punishing it due to the fact that it was a sanctuary state, and violated the Constitution’s adjacent sovereignty and anticommandeering principles.
The occupation is that our Founding Fathers designed the Constitution to guarantee the supremacy of national laws and the capableness of the enforcement subdivision to enforce them. In Federalist No. 44, James Madison expounded connected the perils of not having specified supremacy: "the satellite would person seen, for the archetypal time, a strategy of authorities founded connected an inversion of the cardinal principles of each government; it would person seen the authorization of the full nine each wherever subordinate to the authorization of the parts; it would person seen a monster, successful which the caput was nether the absorption of the members."
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Madison concluded that "no portion of the powerfulness is unnecessary oregon improper for accomplishing the indispensable objects of the Union. The question, therefore, whether this magnitude of powerfulness shall beryllium granted oregon not, resolves itself into different question, whether oregon not a authorities commensurate to the exigencies of the Union shall beryllium established; or, successful different words, whether the Union itself shall beryllium preserved."
Nowhere is the question astir the preservation of the national much captious than successful the substance of migration and overseas relations. That’s wherefore the president has specified wide powers successful these areas due to the fact that helium needs those powers arsenic they are "commensurate to the exigencies of the Union" and indispensable to sphere a unified state nether the laws.
Here, the ultimate national instrumentality is the Immigration and Naturalization Act, a statute passed by Congress. That instrumentality confers powerfulness connected national officials to undertake assorted enforcement actions including detention and removal. And President Donald Trump campaigned and won an predetermination specifically connected the full abdication by the anterior medication successful enforcing migration laws. Having won the predetermination connected that issue, it stood to crushed that Trump would support his committedness and question to region amerciable migrants – particularly those with transgression backgrounds.
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In the look of wide fraud and diversion of national funds to amerciable migrants and the authorities governor’s willful refusal to prosecute them, Trump deployed national officers to enforce the law.
Minnesota’s statement successful tribunal that Trump violated the Tenth Amendment’s anticommandeering rule is nonsense. As explained by the Supreme Court in New York v. US, 505 U. S. 144, 161, "Congress whitethorn not simply ‘commandeer the legislative process of the States by straight compelling them to enact and enforce a national regulatory program.’" The intent is to guarantee governmental accountability, support idiosyncratic liberty, and forestall the national authorities from transferring the costs of enforcing a national instrumentality connected to the states.
Contrary to cynical politicians who question to weaponize misguided individuals into warring a phantom beatified warfare pitting immoderate states against the nationalist government, Operation Metro Surge is neither unconstitutional nor a usurpation of states’ rights.
Trump and ICE did not commandeer Minnesota authorities officials to enforce migration laws. In fact, the Minnesota politician and Minneapolis politician person some loudly proclaimed that they volition not enforce migration laws oregon cooperate with the national government. They person labeled ICE agents arsenic thugs and goons and incited resistance. Clearly, authorities officials are not being commandeered – the facts amusement the opposite: resistance.
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Minnesota besides claimed that ICE operations were causing it to respond and divert resources distant from different purposes. This is arsenic nonsensical – it takes less resources to cooperate and assistance ICE successful arresting criminals than it does to obstruct and resist. No 1 forced Minnesota to appease its elector banks and supply a freebie for those who evade migration laws. In effect, Minnesota is telling anyone who is clever capable to interruption oregon evade migration instrumentality that the state’s ineligible machinery volition support them. That is simply a effect and diversion of resources to support lawbreakers – of Minnesota’s ain choosing. It was not a prime forced connected it by ICE.
Second, the adjacent sovereignty statement is unavailing. The president has discretion connected the enforcement of the migration laws conscionable arsenic helium does successful the discourse of different enforcement powers conferred upon him by the Constitution. The Supreme Court explained in US. v. Texas, 599 U.S. 670, 678 (2023), that nether Article II, "the Executive Branch possesses authorization to determine ‘how to prioritize and however aggressively to prosecute ineligible actions against defendants who interruption the law.’"
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White House borderline czar Tom Homan deployed to Minnesota connected Jan. 26, 2026, to tally constituent connected the migration crackdown successful the state. (Jim Watson/Getty Images)
The deployment of ICE officers successful larger numbers successful Minnesota underscores the worth of the discretion possessed by the president. Clearly, the fraudulent diversion of funds to amerciable migrants and Minnesota’s refusal to instrumentality corrective actions warranted a much robust national enforcement effect than successful different states. Equal sovereignty is not violated by the prudent workout of discretion – it is reinforced by proportionate enforcement.
Ultimately, Democrat Gov. Tim Walz’s lawfare against the Trump medication is not a warfare astir authorities sovereignty. It is simply a warfare for and connected behalf of lawbreakers being fought by diverting invaluable resources distant from law-abiding citizens and utilizing misguided citizens arsenic cannon fodder. Minnesota deserves better.
Dr. Sandeep Gopalan is simply a prof astatine the University of Maryland Eastern Shore. He has held enactment roles successful respective universities and has a doctorate successful instrumentality from Oxford, wherever helium was a Rhodes Scholar.











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