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The US Constitution guarantees the right to protest, carry a gun—sort of

5 February 2026 at 19:03

In 2024 presidential candidate Donald Trump promised mass deportations. Since his election, the president has largely delivered.

In 2025, the U.S. Department of Homeland Security deported more than 620,000 people, with another 70,000 currently in custody.

Millions have taken to the streets in protest. But for places that have seen the greatest influx of Immigration and Customs Enforcement agents, protests and observation of ICE tactics is a new way of life.

Los Angeles, Chicago, and the Twin Cities have been inundated with federal agents. Residents are putting themselves between immigration officers and the people ICE is attempting to deport.

Protesters have been aggressive in letting agents know they’re not welcome. They’re following them around town, honking horns and blowing whistles. There has been no shortage of profanity.

Protests get bloody

White House Border Czar Tom Homan says those words are violence. “I begged for the last two months on TV for the rhetoric to stop,” says Homan. “I said in March, if the rhetoric didn’t stop, there’s going to be bloodshed, and there has been.”

In Minnesota, the blood that has been shed has come from U.S. citizens. Last month, federal agents killed Renee Good and Alex Pretti. In justifying Good’s killing, Trump Administration officials said she was armed with a car. In the moments leading up to his death, Pretti was exercising both his First and Second Amendment rights with a gun on his hip and a phone in his hand.

Steve Dulan is a professor at Cooley Law School in Lansing.  He’s also on the Board of Directors of the Michigan Coalition for Responsible Gun Owners. Dulan says Pretti’s actions that day were Constitutionally protected.

“Being a protester? That’s not justification to kill somebody,” Dulan said. “Filming the police? Not justification to kill somebody. Being armed? Certainly not justification to kill somebody.”

At Second Amendment rights demonstrations at the Michigan State Capitol Dulan has been armed – but also while doing business inside. After a series of armed protests during the Covid-19 pandemic, the Michigan Capitol Commission largely banned the possession of guns inside the Capitol building – something Dulan believes is likely unconstitutional.

Exercising two amendments at once

Dulan says he would defend the rights of people to carry firearms while protesting, though he wouldn’t put himself in a similar situation.

“Personally, I don’t think it’s responsible gun ownership, particularly when there’s a high likelihood that there could be some kind of a physical confrontation,” Dulan said. “You know, we’ve been teaching classes to gun owners for a long time at MCRGO. We teach that situational awareness is incredibly important, and the best way to solve most problems is by avoidance.”

Carrying a gun can also influence how other protesters see you.

Loren Khogali is the executive director of the American Civil Liberties Union of Michigan. She says demonstrating 2nd Amendment rights may make others hesitant to exercise their right to peaceably assemble.

 “What we need right now in this country is as many people as possible to feel as comfortable possible exercising their 1st Amendment right to speech,” Khogali said.

Acting with impunity

The bigger issue to Khogali is the Trump Administration – and the armed agents enforcing his demands – attacking people with seeming impunity.

 “Right now we are watching the government engage suppressing people’s right to speech, suppressing people’s right to protest in the most violent of ways,” Khogali said. “We have watched the federal government murder two people in Minnesota, and so it is extremely important that when you go to a protest, you understand exactly what your rights are based on those state laws.”

Loren Khogali – Executive Director of the ACLU of Michigan

 “Law enforcement should be adhering to the Constitution and should be protecting the right of protesters to protest within the law,”Khogali said.

In Minnesota, federal law enforcement has been largely unconcerned with the rights of protesters. Numerous judges have cited ICE and the Department of Homeland Security for violating court orders.

What is qualified immunity?

Steven Winter is the Walter S. Gibbs, Distinguished Professor of Constitutional Law at Wayne State University. He’s litigated cases on qualified immunity – the rule that shields police and other governmental entities from civil liability. 

He says those who violate constitutional rights should face consequences, but that’s not the reality.

 “Well as a practical matter, very little,” Winter said. “In a theoretical matter, they should both be open to potential civil and criminal liability.”

But asked if he thinks the agents who killed Good and Pretti will face justice… “I think it’d be very unlikely,” Winter said.

Winter says U.S. Supreme Court has narrowed the scope of what can negate qualified immunity. “It’s only a violation–it’s only actionable–if it was clearly illegal, clearly unconstitutional. So that’s easy to muddy up, right?”

Knowing your rights regardless

Even if it’s unlikely you will receive justice if your rights are violated, it’s still best to know your rights and have a plan.

“You always have the right to remain silent and to ask to speak to an attorney. You also have the right to walk away from the police calmly,” Khogali said. “If an officer demands that you should turn over your phone, you should refuse and you should tell them that you would like to speak with an attorney.”

However, witnesses to the killing of Alex Pretti say their phones were confiscated anyway. Other witnesses were taken into custody.

Khogali recommends having emergency contact numbers memorized and to let loved ones know when you’re headed to a protest.

Steve Dulan says the on-going protests can serve as a teaching tool. “I am hopeful that people will take this opportunity to learn about their rights and I’m hoping that the rhetoric cools.”

This week, Homan announced that 700 ICE agents were being taken out of Minnesota. The protests and deportations continue.

The ACLU of Michigan has this handy pocket guide for your rights at protests, and what you should know before, during, and after ICE raids.

Trusted, accurate, up-to-date.

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The post The US Constitution guarantees the right to protest, carry a gun—sort of appeared first on WDET 101.9 FM.

The Metro: Power, money and silence — Michigan politics this week

8 January 2026 at 20:09

In Michigan, hundreds of millions of dollars that people are counting on remain frozen.

Last year’s state budget included roughly $645 million in “work-project” funding for things like local roads, public safety, and community services. But in December, House Republicans voted to block it. With that money still on hold, projects aren’t moving.

The Democrat-controlled Senate voted to restore the funding

This week, Attorney General Dana Nessel said the committee didn’t have the constitutional authority to do that, calling it an improper “legislative committee veto.” 

House Republicans are considering a court challenge. 

Meanwhile, lawmakers debate tax breaks for data centers, how cannabis revenue should be used, and the regulation of consumable hemp products—decisions that affect utility bills, road repairs, and small businesses.

Politics reporter for the Michigan Public Radio Network, Colin Jackson, joined Robyn Vincent to break down the constitutional fight over the funding freeze and what it reveals about power, process, and everyday life in Michigan.

 

Listen to The Metro weekdays from 10 a.m. to noon ET on 101.9 FM and streaming on demand.

Subscribe to The Metro on Apple Podcasts, Spotify, NPR.org or wherever you get your podcasts.

Trusted, accurate, up-to-date.

WDET strives to make our journalism accessible to everyone. As a public media institution, we maintain our journalistic integrity through independent support from readers like you. If you value WDET as your source of news, music and conversation, please make a gift today.

Donate today »

More stories from The Metro

The post The Metro: Power, money and silence — Michigan politics this week appeared first on WDET 101.9 FM.

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