Minnesota should not cave to Trump’s demands. The rights of 49 other states and their citizens are hanging in the balance

Donald Trump appears to be practicing his “art of the deal” on Minnesota Governor Tim Walz: he is attempting to extract concessions from the North Star state in exchange for a “drawdown” of federal ICE agents. While the details of the contemplated agreement are not clear, border czar Tom Homan’s remarks on Thursday morning and reports of his negotiations with state and local leaders suggest dialing back Immigration and Customs Enforcement (ICE) is contingent on striking an agreement for increased cooperation between federal and local law enforcement: Minnesota must agree to participate in ICE roundups by turning over undocumented immigrants in its custody, ending various “sanctuary city” protections, and giving ICE agents more direct access to state penitentiaries to conduct their own roundups prior to the release of undocumented inmates. A letter from Pam Bondi, the US attorney general, sent earlier this week went even further and suggested the justice department’s civil rights division might be demanding access to state voter rolls in exchange for the ICE drawdown. Trump’s offhand remark Thursday evening denying plans to draw down ICE confused matters by contradicting Homan’s statement from earlier in the day – but perhaps that was just an indication that negotiations on Thursday did not go all that well for Team Trump.

That would not be surprising. If Walz were to agree to such terms – concessions literally extracted at gunpoint under threat of continued use of unlawful force by federal immigration agents – he would be abandoning critical domains of state autonomy for the fruitless attempt to appease a president that will accept no limits except those forced upon it by necessity or recommended to it by self-interest. As law firms, universities, foreign leaders, and even former partners in crime have discovered, it is perilous to negotiate with a rank opportunist who lives by no other rule than that of self-interest. For Trump, the alternative to getting handed what he wants voluntarily is taking it by force. The FBI raid on the Fulton county elections office in Georgia to seize about 700 boxes of ballots from the 2020 election sent a well-timed message to Minnesota as well as to any other swing state from which the Trump administration may demand such data: if you don’t give us what we asked for, we’ll take it anyway.

Claire Finkelstein is the Algernon Biddle professor of law and professor of philosophy at the University of Pennsylvania Carey Law School. She is also the founder and faculty director of the Center for Ethics and the Rule of Law at Penn’s Annenberg Public Policy Center