Stephen Miller said ICE officers have ‘federal immunity.’ Experts say that doesn’t mean they can’t face charges
Trump adviser says ICE officers have ‘federal immunity’ — but do they?
- The Department of Homeland Security (DHS) has reasserted that Immigration and Customs Enforcement (ICE) officers have “federal immunity” for their conduct while on duty, a claim highlighted amid scrutiny over an officer's fatal shooting of Renee Good.
- This assertion of sweeping immunity was supported by a resurfaced clip of Stephen Miller, a central figure in the administration’s immigration agenda, and echoed by Vice President JD Vance, who claimed the officer had “absolute immunity.”
- Legal experts, including constitutional law professors, dispute the notion of absolute immunity, stating that federal agents are not entirely protected from criminal prosecution, particularly if their actions are unlawful or exceed their official duties.
- While the Supremacy Clause largely protects federal officers from state prosecution, limitations exist, and the FBI's investigation into the shooting has reportedly deprived state investigators of crucial evidence.
- Although 'qualified immunity' protects officers from frivolous civil lawsuits, charges for 'deprivation of rights under colour of law' can be pursued, though they require prosecutors to prove a willful intent to violate an individual's rights, presenting a high legal bar.