Fact check: Do ICE officers really have ‘federal immunity’ in the US?

Immigration and Customs Enforcement are legally barred from prosecution, according to Stephen Miller, deputy chief of staff for the White House.

Will Cain, a Fox News host, interrogated Miller on October 24. Cain, the governor of Illinois, “talked about interfering with and arresting ICE agents in Illinois.”

Cain inquired about the federal authority that the Trump administration might use to detain Pritzker if the governor attempted to detain ICE agents.

You are protected by federal immunity in the performance of your duties, Miller said. Anyone who touches you, tries to stop you, or tries to obstruct you is a criminal.

Any local or state official who “could conspire or engage in activity that unlawfully impedes federal law enforcement from carrying out their duties would be covered by Miller’s response.

The Illinois Accountability Commission was established by Pritzker the day before Miller’s comments, establishing an executive order directing local and state agencies to look into potential law violations. More than 3, 000 people have been arrested in Chicago as part of the Trump administration’s immigration crackdown, according to agents there.

In an interview from October 16 on, Pritzker stated that “federal agents typically have federal immunity, but they’re not immune from the federal government holding them accountable and accountable.”

Pritzker noted that the federal government has the authority to prosecute federal agents even though Miller’s is less sweeping.

Immigration agents are protected when performing official duties, just like other law enforcement officials. If they violate state or federal law, they may still be held legally accountable.

In a July 17 report, Bryna Godar, a lawyer for the University of Wisconsin’s State Democracy Research Initiative, wrote that “federal officials are not categorically immune from state criminal prosecution even while on duty.”

The White House referred to a letter written to California officials on October 23 that US Deputy Attorney General Todd Blanche wrote to PolitiFact when asked for comment.

According to Blanche, “The Department of Justice finds any federal agents and officers’ arrests in the performance of their official duties to be both illegal and futile.”

He cited the Supremacy Clause of the US Constitution as well as a number of federal laws and regulations. According to legal experts, the provision provides blanket immunity from federal agents who violate state law.

According to Steve Vladeck, a professor of constitutional law at Georgetown University, Miller’s statement is “wrong on its face.”

Immigration agents who violate the law can be prosecuted by the federal government.

Federal immigration officers cannot commit a criminal offense with impunity.

A US Customs and Border Protection agent was found guilty and sentenced to prison in 2024 for using excessive force against two people at the southern border. The case was investigated by department of homeland security watchdog officers.

In court arguments, the federal government cited its authority to hold agents accountable. In a 2019 Supreme Court brief, the Justice Department stated that the federal government is looking into allegations of excessive force by agents and may pursue a federal criminal prosecution if necessary. A Mexican boy, 15, was shot and killed by a Border Patrol agent at the southern border in 2010.

Non-profit organizations can also bring legal action against the federal government for their actions. The Trump administration is being sued by a number of organizations in Chicago, including journalists’ organizations, alleging that the government is “using a pattern of extreme brutality in a concerted and ongoing effort to silence the press and civilians.”

In that case, federal district judge Sara Ellis instructed immigration agents to refrain from using tear gas and other riot control measures unless there is a clear threat of death. A verbal warning must be given first if the agents intend to use tear gas.

Gregory Bovino, the senior Border Patrol official overseeing the federal immigration actions in Chicago, was ordered by Ellis to meet with her every weeknight to report all encounters officers had with the public after it was discovered that agents weren’t following the court order. Since then, a federal appeals court has temporarily halted Ellis’ order.

According to Vladeck, the federal government has the authority to do so even if the Trump administration doesn’t conduct an investigation or prosecute immigration agents who might have broken the law.

His state’s commission, according to Pritzker, aims to document actions that might lead to future prosecution.

Federal agencies are not prohibited from prosecuting them, according to state&nbsp.

Immigration agents who violate state law can also be prosecuted by the states. However, the US Constitution’s provision that says federal law supersedes conflicting state laws places a cap on supremacy clause immunity.

Federal agents’ legal protections date back to a Supreme Court decision from 1890. A Supreme Court justice was being protected by a US marshal named David Neagle, who shot and killed the justice. Neagle was detained and charged with murder in California. Because Neagle was performing official duties, the state was denied a prosecutorial hearing by the Supreme Court.

Federal agents are typically exempt from state prosecution if their actions were required and “necessary and proper” for the purposes of performing their duties.

A customs agent was exempt from state charges for speeding while operating a drug in 1990, according to a federal court decision. According to the court, the agent acted in accordance with US laws and felt justified in deciding that speeding was necessary to discharge his duties.

However, a US Marine was denied immunity in 1990 after he fatally injured a person driving in a military convoy in North Carolina.

According to Godar, “While Supremacy Clause immunity provides federal officials with a partial shield from state prosecution,” that immunity is not unalienable.

According to Vladeck, it is not illegal for local or state authorities to detain someone who has probable cause to believe committed a state crime, contrary to Miller’s claim.

The court would need to know whether an officer reasonably believed the actions were necessary to carry out federal duties if a state charged federal immigration officers.

That’s a respectable standard, Vladeck wrote. It is not, however, a “get-out-of-prosecution-free card.”

Our decision

You have federal immunity in the performance of your duties, Miller said to all ICE officers.

Immigration agents are protected when performing official duties, just like other law enforcement officers. However, if they violate federal or state law, they are subject to legal action.

Federal lawbreakers are subject to federal law enforcement’s authority and authority.

If agents were acting within the permitted parameters of their official duties, states cannot prosecute them for breaking state law. However, those limitations do not always apply.

Federal immigration agents have some state prosecution immunity, according to the statement. The protections, however, have a different sweeping effect than Miller intended. Federal agents have faced state prosecution and can continue.

Source: Aljazeera