An army of 3,000 federal “troops” under the command of the Secretary of Homeland Security and the President of the United States has entered your state, uninvited and allegedly for the purpose of removing persons whose presence in the United States is unlawful. These men typically wear masks to obscure their identity, are heavily armed and wear substantial protective gear. The labels on their uniforms typically say “ICE” and “Police.”

In the past few weeks these men have indiscriminately arrested and detained without explanation persons who were American citizens. They have violently entered homes and businesses to arrest individuals suspected, for unknown reasons, of unlawful presence in the country based on physical appearance and/or use of language. Their entries into homes and businesses typically are not based on judicially approved warrants authorizing searches of private property. Their leadership has asserted that they can, in effect, self-warrant, notwithstanding the clear language of the Fourth Amendment to the U.S. Constitution.

The inevitable result of these practices and the hostility of the people of Minnesota to them has been three shootings of Minneapolis residents, two of whom died. One was shot at least three times for the apparent offense of driving away after having been ordered to “get out of the f*cking car.” The other, a nurse, was shot at least seven times after being pepper sprayed and taken to the ground by a group of ICE agents, for the apparent offense of trying to protect a woman who was being assaulted by those ICE agents.

In both cases, as you are aware, the ICE leadership, including the President, have without the benefit of any forensic analysis immediately and publicly declared that these two people were terrorists intent upon doing serious bodily harm to the ICE agents on the scene. They have no evidence to support these claims. If they had to make those claims under oath, they would be guilty of perjury.

These tragedies are only the beginning. ICE believes it has full authority to do whatever it wants whenever it wants. ICE will clearly not abide any form of resistance to its demands, with the result that not only has it murdered two residents of Minneapolis, but it has harassed, arrested, detained, and almost certainly deported US citizens. It has violated the Fourth Amendment to the U.S. Constitution countless times. The lives of more Minneapolis residents are at serious risk.

Many words about these practices have been uttered by members of Congress and by you and other local authorities. None of them have changed anything. Nor will they. Unfortunately, more forceful action is required to bring an end to the unlawful occupation of the state by a federal force. Here is my suggestion.

First, you declare a state of emergency covering the entire state, based on the presence of an uninvited military force operating with the apparent approval and direct command of the Department of Homeland Security which force has murdered two Minnesota citizens and violated the U.S. Constitution in its dealings with those and other citizens of the city and state.

I understand you have activated the state National Guard under your direct command although its precise role is somewhat unclear. My proposal to you eliminates any ambiguities.

The declaration of emergency must order the ICE force to depart the state within some very brief period measured in hours rather than days, failing which they will be subject to arrest by the National Guard and such local law enforcement forces as are available to assist.

Given the state law on carrying arms, deputize as necessary any private citizens willing to serve and assist in the state’s effort to restore order and protect its citizens from unlawful detention by ICE.

Using the proper state procedures, you should initiate such legal processes as are appropriate to charge the ICE members who participated in the killing of Renee Good and Alex Pretti with murder in the first degree. Those same charges should be brought against the Secretary of Homeland Security and all other federal persons with line responsibility for the conduct of ICE personnel in Minnesota. I am fully aware of asserted limitations on the ability of the state to charge federal personnel with local crimes. Let the courts sort that out.

You and your advisors can work out the details of these recommendations to assure, to the maximum extent possible, that as little violence results as possible. It is, however, critically important that the state assert itself and bring to a prompt end the occupation of the state by an uninvited and out-of-control federal force that is willfully ignoring the Constitution and state and federal law, even to the extent of murdering state citizens.

I understand that one objection to my proposal will be the claim that the President will use the state’s resistance as a justification for invoking the Insurrection Act. If so, so be it. The use of ICE to deprive U.S. citizens of their rights cannot be allowed to continue. The President clearly does not believe he is bound by the Constitution. He has explicitly said so. Given the conduct of ICE in Minneapolis, it is time, indeed past time, to call the question and find out whether we will continue to have a democratic government or whether Trump and his Republican cronies will not run the country as the dictatorship he has promised.