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 on charges of conspiracy, among others, for efforts to allegedly “violently oppose immigration law enforcement” during the immigration surge this winter. 

MPR News spoke to Richard Painter, a professor of law at the University of Minnesota, about what conspiracy means under the law — and what these charges mean for how people can protest.

Use the audio player above to listen to the full conversation.

What is the legal definition of conspiracy?

According to Painter, conspiracy statutes apply when “two or more individuals collaborate, conspire, plan to commit a serious crime, and then undertake an overt act in furtherance of that crime.”

The federal government is alleging in this case that the 15 Minnesotans conspired to “impede or injure federal officers.” 

Painter notes that evidence of harm to federal agents is not required.

“The United States government could charge those individuals with criminal conspiracy, whether or not federal officers actually were injured in that scenario.”

In what situations have conspiracy charges been used?

Painter says charges of conspiracy can be made in many different contexts. For example, in cases of financial fraud or drug trafficking. 

He also pointed to the prosecution of those involved in the attack on the U.S. Capitol on Jan. 6, 2021, in which several individuals were convicted of seditious conspiracy for planning and executing an attempt to overthrow the federal government. 

“There was a conspiracy, a collaboration attempt, to interfere with the certification of the election, an official United States government proceeding.”

Painter noted, however, “Those who were there simply to protest the election peacefully, who did not participate in a plan, they could not be so charged.”

In April 2026, the Trump administration asked an appeals court to 

What is the difference between protest and criminal conspiracy?

Painter said what happened in Minnesota this winter “is a very different situation” than what happened on Jan. 6. 

“The vast majority of protesters against the presence of ICE in our state were peaceful protesters,” Painter said. “And there does not appear to be any evidence of an actual conspiracy to violently oppose the authority of the federal government.”

At a press conference, U.S. attorney for Minnesota Daniel Rosen showed a video of what appears to be one of the defendants saying, “We’re not talking about peaceful protest anymore” and urged people to “get your f---ing guns and stop these f---ing people.”

Painter emphasized that while this is “very dangerous rhetoric,” it’s still constitutionally protected speech and would not be enough to prove conspiracy. 

“If you go further and you say, ‘Okay, bring your guns to the Bishop Whipple building to fight against ICE.’ Now, we're in a situation where someone could get indicted.”

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15 individuals have been charged in relation to anti-ICE protests this winter, with prosecutors alleging they made plans over Signal chats to impede federal agents’ actions. A legal expert explains what those plans would have to look like to become a conspiracy, and what is protected as free speech. 

15 Minnesotans have been charged with conspiracy. What does it mean for protesting?

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