State Attorneys General have both the authority and the responsibility to defend residents against federal overreach. Here’s how they can act:
File Legal Challenges: AGs can sue ICE and DHS over unconstitutional arrests, lack of due process, and violations of civil liberties — as they’ve done successfully before.
Demand Transparency: AGs can subpoena or investigate ICE actions within their states, especially raids, detentions, or coordination with local law enforcement.
Reinforce Sanctuary Protections: AGs should support and defend state and local policies that restrict law enforcement collaboration with ICE, preventing data-sharing and unjust detentions.
Defend Protections in Schools, Workplaces, Universities, etc: AGs should collaborate with institutions that serve international and immigrant communities including universities, K-12 schools, hospitals, labor sites, and seasonal employers like resorts and waterparks to create and reinforce both legal and physical protections for international and undocumented students, visa holders, and workers.
Minnesota’s Attorney General Keith Ellison is a great example of what this should look like. He has consistently used the full scope of his role to defend Minnesotans from unconstitutional federal overreach and his actions set the standard for what bold leadership looks like in this moment.
Earlier this year, he issued a formal legal opinion declaring that local law enforcement in Minnesota cannot legally detain individuals based solely on ICE detainers. He made it clear that such actions violate constitutional rights and expose agencies to civil liability. He has also joined multistate lawsuits challenging federal attempts to undermine birthright citizenship and other core protections.
Following the ICE detention of Columbia graduate student Mahmoud Khalil, he publicly condemned the act, stating:
“When a government deports, threatens, [and] arrests people for First Amendment activity, that government is tyrannical. Mahmoud Khalil is being persecuted for his beliefs and free expression.”
AG Ellison’s swift legal positioning and vocal defense demonstrate precisely how AGs can wield both legal tools and public pressure to confront injustice. This is the kind of principled, aggressive leadership every state needs right now.