Terry Gross

Well, if President Trump were to deploy troops in Minneapolis, presumably... And I should mention that that reference to 1,500 troops is there are 1,500 troops being readied to deploy to Minnesota.

And these troops are based in Alaska, where they have training in cold weather.

So would Donald Trump be required to invoke the Insurrection Act before sending in the military?

And some of this dates back to, like, the pre-Revolutionary War days, right, when people living in the colonies were attacked by the British military.

Absolutely.

Emmanuel, since a lot of your focus has been on policing, what are some of the differences between what police are allowed to do and what ICE is legally allowed to do?

Is it legal for an ICE agent to confiscate a camera, a phone camera, if somebody is shooting video of what that agent is doing on their phone?

My guests are Elizabeth Goytin, Senior Director of Liberty and National Security at the Brennan Center for Justice, and Emmanuel Malion, a professor at the University of Minnesota Law School.

We'll be right back after a short break.

I'm Terry Gross, and this is Fresh Air.

What is the status of racial profiling now?

Is that now considered a more legitimate thing to do?

Like, what have the courts said about racial profiling recently?

Can you elaborate on what Kavanaugh said in his concurrence?

Well, we need to take a short break here.

So let me reintroduce you.

If you're just joining us, my guests are Emmanuel Malione, who is a professor at the University of Minnesota Law School, and Elizabeth Goytin, who's a senior director at the Brennan Center for Justice.

We'll be right back after a short break.

This is Fresh Air.

Liza, I want to get back to the Insurrection Act.