Insurrection Act and Possible Dueling Troop Deployments in Minnesota

by Antonio Graceffo Jan. 19, 2026 8:30 am289 Comments

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Governor Tim Walz is mobilizing the Minnesota National Guard, while President Trump has ordered active-duty soldiers to stand by, creating a potential standoff between state and federal forces. President Trump has threatened to invoke the Insurrection Act if Walz fails to stop attacks on ICE agents, while the Justice Department investigates Walz and Minneapolis Mayor Jacob Frey for encouraging obstruction of federal law enforcement.

As of January 18, 2026, Governor Walz has mobilized roughly 1,500 soldiers who are staged and ready, though they have not been deployed to city streets. The official framing describes them as ready to support local and state law enforcement in protecting critical infrastructure and maintaining public safety. Walz stated, likely referring to his conflict with President Trump, “Minnesota will not allow our community to be used as a prop in a national political fight.”

When asked directly if the National Guard would be deployed against federal agents, Walz did not answer directly. He said, “Whatever it is: if it’s an act of nature, if it’s a global pandemic, or in this case, if it is a rogue federal agent.” He added, “To Minnesotans, on the National Guard, they’re there to protect you and protect your constitutional rights.”

The Pentagon has ordered approximately 1,500 active-duty soldiers from the 11th Airborne Division in Alaska to prepare for possible deployment to Minnesota, though no deployment has occurred yet. President Trump threatened to invoke the Insurrection Act on January 15, 2026, but has not done so.

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On Truth Social, Trump stated: “If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT.” If invoked, the Insurrection Act would allow Trump to deploy active-duty military for law enforcement, federalize the National Guard without state consent, and override Posse Comitatus Act restrictions. The act was last invoked in 1992 during the Los Angeles riots.

Walz has made several statements encouraging citizens to monitor and document ICE operations. On December 18, 2025, before the first shooting, he said he would “rely on observers, regular people expressing their First Amendment rights, to keep a watch on ICE.” On January 14, 2026, Walz stated in a video address: “You have an absolute right to peacefully film ICE agents as they conduct these activities. So carry your phone with you at all times. And if you see these ICE agents in your neighborhood, take out that phone and hit record.” He added: “Help us create a database of atrocities against Minnesotans, not just to establish a record for posterity, but to bank evidence for future prosecution.”

The use of the word “atrocities” presupposes war crimes or crimes against humanity, implying systematic and morally heinous acts comparable to genocide, mass murder, or torture. What occurred, however, were ICE agents conducting lawful immigration enforcement operations. The January 7 shooting involved an ICE agent shooting Renee Good in self-defense. The January 14 incident involved a Venezuelan man who violently resisted arrest while others attacked the officer with a snow shovel and broom handle. Neither incident qualifies as an atrocity.

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Walz’s language legitimizes violence against ICE by framing their actions as atrocities, against which resistance can be portrayed as morally justified self-defense. By encouraging documentation as a means of building a criminal case, he promotes obstruction and inflames tensions when his stated goal is public safety. The federal government has clear legal authority to enforce immigration law: illegal aliens are unlawfully present, ICE has lawful authority to detain and deport, and states cannot nullify federal immigration law under Arizona v. United States (2012).

Minneapolis Mayor Jacob Frey stated on December 18, 2025, that the city was “coordinating with the American Civil Liberties Union” and working with police to monitor federal activity using body cameras. On January 8, 2026, Frey encouraged protesters but warned them to “stop taking the bait” from ICE officers if confrontations arose, saying, “You are not helping the undocumented immigrants in our city.” Minnesota Attorney General Keith Ellison created an online portal for protesters to submit videos, stating, “My team and I will use these stories and experiences to assist in our ongoing fight to end the federal surge in Minnesota.”

DHS Secretary Kristi Noem stated on January 16, 2026: “Mayor Frey and Governor Walz have to get their city under control. They are encouraging impeding and assault against our law enforcement, which is a federal crime, a felony.” Deputy Attorney General Todd Blanche said: “When the governor or the mayor threaten our officers, when the mayor suggests that he’s encouraging citizens to call 911 when they see ICE officers, that is very close to a federal crime.”

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The Department of Justice is investigating Walz and Frey for alleged conspiracy to impede federal immigration agents based on their public statements. Subpoenas are expected, though legal experts suggest the investigation has a weak legal foundation. The DOJ probe examines potential violations of 18 U.S.C. § 372, which makes it a crime for two or more people to conspire to prevent federal officers from carrying out their duties through force, intimidation, or threats. The legal dispute centers on whether Walz’s and Frey’s encouragement to film and document ICE constitutes legitimate First Amendment activity or encouragement of obstruction of federal law enforcement.

On January 17, 2026, a federal judge prohibited federal agents from arresting, detaining, retaliating against, or using force against protesters engaged in “unobstructive protest activity, including observing the activities of Operation Metro Surge,” affirming the right to monitor ICE. However, officers have not been arresting people for unobstructive activity; arrests have involved individuals who attacked or interfered with ICE agents.

If Trump and Walz both move forward with mobilizing their respective military forces, Trump still prevails. Under the constitutional framework, the president, as commander in chief, has authority over the National Guard under Title 10, while governors exercise authority under Title 32 for state active duty. Federal authority supersedes state authority under the Supremacy Clause, allowing Trump to federalize the Minnesota National Guard if necessary. In any scenario, attempting to use the National Guard to interfere with federal law enforcement would be legally problematic for Walz.