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While the National Guard is prohibited from performing law enforcement on behalf of the President under the Posse Comitatus Act, the governor of the state they're operating in can deputies them.for law enforcement.
He doesn't need to wage war on ICE. He just needs them to be chaparroned by armed Nation Guard troops anywhere they go, and have them arrest ICE goons when they violate the law. If ICE gets proper judicial warrants and executes them lawfully, then there shouldn't be any problems.
An important distinction on warrants is that an immigration judge cannot issue a judicial warrant because even though the word "judge" is in their title, they aren't part of the judicial branch. They're employees of the executive branch, so any warrants they hand out are administrative in nature and cannot legally be used to enter private property without consent.
Yes.
That isn't what the person that I replied to was suggesting, nor what I was replying to.
If the Governor decided to "Order them by threat of force" to leave MN then he was be operating outside of his authority and would be ignored. If he attempted to use force against federal forces in an attempt to make them leave then he would be in armed rebellion against the US and would be arrested.
The only thing protecting him, the protestors, etc, is that they have not give Trump a reason to fabricate an excuse to use the Insurrection act that would survive a Federal court issuing a TRO. The protests have been peaceful (outside of a few ICE agents rioting with tear gas and less lethal munitions) and the public statements by officials have been measured so as to not allow them the slightest excuse that would stand up in court. The Trump admin's only move here is to try to make inflammatory statements.
They don't have any more ICE agents (and recruitment is drying up) that is why this is happening only in one place, this is everything they can muster. So they're putting everything into one place to both punish MN people for voting against him and to create a violent reality TV show that keeps everyone tuned in instead of talking about the Epstein files, or Trump's billion dollar profits from corruption, or the exploding cost of food, or the shitty foreign policy disaster that he's created.
The protests and the terrible PR skills of the administration are showing effect. Go look at any reputable polling, Trump has always been unpopular outside of his base but now he is starting to lose support among his actual base. Right now, people are sickened by the attack and the government's response blaming him owning a gun. 2nd Amendment supporters have typically been Trump supporters but they have broken with him because of the administration's framing of 'he had a gun and therefore deserved to die'. Even the NRA tweeted out against this framing.
Trump is tapped out, he's hired every white supremacist and opportunist and only has a few thousand people to muster that will do the violence that he wants and even that is backfiring on him. He has been unable to fabricate other distractions (Greenland, Canada, Venezuela, etc) and has been incompetent in handling emerging events leading to even more backlash.
People framing this like this is our last chance and only violence or armed rebellion will save us are outside agitators or the useful idiots that they control. This framing is based on the ICE circus in MN and social media propaganda, not reality.
In reality, Trump is out of troops, out of support, dying in the polls (and possibly IRL) and is running out of allies, like MTG, as more Rs smell the blood in the water and jump ship. Every major public case in the courts have gone against him, he's lost the VAST majority of other cases (source: https://www.lawfaremedia.org/projects-series/trials-of-the-trump-administration), his tariffs have pissed off the entire world and their response is targeted at his rich supporters (i.e. Jack Daniels distillery boycott).
The only thing that he can hope for is to find an excuse to invoke the Insurrection act so that it won't be immediately blocked by a Federal Judge. Everyone that is here pushing for violence is trying to create the only out that Trump has left.
Trump isn't all powerful, he's playing the media game and has an army of bots from the various dictators around the world who want to see the US fail.