U.S. Vice President JD Vance has suggested that Immigration and Customs Enforcement (ICE) agents are protected by “absolute immunity” from prosecution over their actions. However, legal experts say ICE agents can still face criminal charges or civil lawsuits.
The question centers on the balance between federal officers’ duty to protect lives and civil rights, and their own legal protections when making split-second decisions in dangerous situations. In some circumstances, law enforcement officers could have a degree of immunity.
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Homeland Security Secretary Kristi Noem said Thursday that ICE agents performing immigration crackdowns nationwide have followed the law. In Minnesota, where Renee Good was recently shot and killed by an ICE agent, some state officials disagree.
Minnesota Gov. Tim Walz has been urging citizens to record ICE operations, saying video footage could help build evidence for potential prosecutions if federal officers commit illegal acts.
Rupa Bhattacharyya, legal director at the Institute for Constitutional Advocacy and Protection, told Scripps News there is no blanket immunity for federal law enforcement officers.
“Whether or not an officer is liable, whether or not an officer is following the law, depends on facts,” she said.
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Despite Vance’s remarks, civil litigation remains a possibility for agents accused of wrongdoing.
“Instead of suing the United States under the Federal Tort Claims Act, you can sue the officer in their individual capacity, meaning damages would get paid out of the officer’s own funds, not the United States’ funds,” Bhattacharyya said.
Even if criminal charges are never filed, dropped or dismissed, an officer could still face a lawsuit. In Good’s case, her family has hired attorneys who plan to conduct their own civil investigation into her death.
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