We can fight the feds with laws you may not know about - Minnesota Reformer

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A masked border patrol agent with “We the People” stitched on his vest stands with other federal agents near the scene of 26th Street West and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

In addition to holding “Abolish ICE” signs, Minnesotans and residents in 20 other states and some localities may employ additional effective tools while protesting.

Anyone seeing a masked ICE agent, for instance, may file a complaint here because it’s a crime for U.S. Immigration and Customs Enforcement to conceal the identity of its masked employees.

Minnesota Statutes says: “A person whose identity is concealed by the person in a public place by means of a … mask,… is guilty of a misdemeanor.”

You do not have to rely on the Legislature or others to start the process of enforcing disorderly conduct, unlawful assembly or the anti-masking law.

That process can be initiated by anyone who witnesses a violation simply by filing a complaint with local law enforcement. Local police may also issue a citation when seeing a violation or responding to a complainant who saw the crime.

The maximum fine for masking misdemeanors is $1,000 per violation. So, assume Minnesota was home to 3,000 masked immigration agents, that could mean ICE gets fined $3 million — more if each day of violation is used in the calculation. That could provide a small amount of restitution for businesses and others injured by unlawful ICE activity, which the city estimated to have cost $203.1 million in January alone.

When encountering armed, masked ICE agents who have exhibited bullying behavior in the past, please avoid the risk of a violent result. That is, rather than attempting a citizen’s arrest or asking local law enforcement to arrest immediately, calmly say you are peacefully protesting but nevertheless will be complying if appropriate. Afterward, when you have a safe opportunity, file a complaint on Hennepin County Attorney Mary Moriarty’s new portal, with your photos. That will avoid vexing the ICE personnel confronting you, who may retaliate on the spot when you witnessed their crimes. ICE agents do not have to appear in person at arraignment and neither do complainants, which should diffuse a potentially volatile immediate reaction to a misdemeanor complaint.

When the masked individual is unknown, witnesses may file a “John/Jane Doe” complaint, if they are willing to testify, verifying what they witnessed. Trial testimony is unlikely since most cases are resolved by plea bargaining.

The complaint tolls the statute of limitations until trial or plea. Guilty entities get possible jail time that cannot be presidentially pardoned, in addition to the potential fine. Just knowing that may cause offending personnel to avoid criminal records by identifying themselves, just like other law enforcers are required to do. It may also mean overwhelmed Minnesota lawyers will have to file fewer writs of habeas corpus — more than 1,000 so far — necessary to assist Minnesotans wrongfully detained by ICE.

If you file a complaint, the person you are complaining about will have the right to know your name. However, your name may already be in some database ICE is building to identify and intimidate observers who are shining a light on ICE. If prosecutors request a subpoena to get the names of ICE employees staying in local hotels, the unknown “Doe” offenders could be further identified for notification by publication.

It’s hypocritical to be guilty of crimes while detaining “illegal aliens,” or others guilty of nothing. So, to avoid hypocrisy, ICE should unmask its poorly regulated, civilian employees. However, absent voluntary compliance, in anti-masking states or localities, every citizen and public official (willing to risk being targeted by fascist bullies) has a non-feckless tool to unmask criminals.

ICE commits other crimes when behaving like people our relatives fought while bringing an end to WWII. For example, if three or more of ICE’s non-military employees are assembled to commit any unlawful act by force, each participant is guilty of unlawful assembly, a misdemeanor.

Thus, ICE violates another statute by unlawfully violating our U.S. Constitution when it fails to obtain a lawful bench warrant for its forceful arrests.

The 4th Amendment to the Constitution ensures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

An attorney instructing new ICE recruits, told Congress under oath he quit after receiving “… secretive orders to tell cadets to violate the Constitution by entering homes without a judicial warrant….”

Some ICE non-militia, non-military employees are being disorderly when disturbing the peace.

So, it’s an unlawful assembly misdemeanor when ICE shoots peaceful protesters and continues to detain innocent citizens and lawful or unlawful immigrants without due process.

When breaking the law, forcing their way into churches, schools and work sites, and disrupting public places, ICE is disturbing public peace. Their conduct makes law enforcement and keeping citizens calm more difficult. It’s immaterial whether or not the purpose of apprehending migrants without legal status is lawful because the manner of apprehension lacks due process and otherwise mirrors past unsavory history reminiscent of events in fascist countries.

Any lawful purpose unlawfully enforced does not nullify the enforcer’s (i.e., ICE’s) violation.

Since part of the unlawful assembly law references disorderly conduct, complainants witnessing ICE brawling or fighting with peaceful protesters may wish to mention MSA § 609.72(1), which defines “brawling” as engaging in disorderly conduct.

Another statute and Chaplinsky v. New Hampshire make much ICE conduct a disorderly conduct misdemeanor if it tends to “alarm, anger, or disturb others or provoke an assault or breach of the peace.” That is true when ICE issues intemperate verbal commands.

Since many cases uphold “application of state and local policies to federal actors,” that counters those contending otherwise. Not-well-regulated, mistrained ICE agents do not need masks to hide violent unwarranted arrests, unlawful assembly and disorderly conduct.

The alleged end of Operation Metro Surge does not excuse ICE’s previously committed crimes. Continuing to leave misdemeanors uncharged makes it more likely that future irreparable harm will occur everywhere in Minnesota and continue in other states. If your state lacks anti-masking laws, it likely prohibits the other misdemeanors.

Perhaps because murder charges and habeas corpus petitions had higher priority, misdemeanors discussed in this article were not enforced during Operation Metro Surge.

Now that you know about them, you can use these lowly misdemeanors to punch above their weight in making ICE protest effective. Meet the moment — petition, or carry a “Prosecute Anti-Masking Law” sign.

Will we see ICE agents paying fines or facing other sanctions? Maybe not, but if nothing else, you’ll be highlighting the hypocrisy of the administration’s alleged commitment to law and order when it’s clear they are repeatedly breaking the law.

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