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Minnesota Could Prosecute the ICE Shooter. Trump Can't Pardon Him. - SLATE [View all]
SLATE(Archived)
Shortly after a U.S. Immigration and Customs Enforcement officer shot and killed a woman in Minneapolis on Wednesday, city leaders began looking into whether the officer had violated state criminal law.
Minneapolis Mayor Jacob Frey said, “We collectively are going to do everything possible to get to the bottom of this, to get justice, and to make sure that there is an investigation that is conducted in full.” Police Chief Brian O’Hara followed up by saying that the state’s Bureau of Criminal Apprehension is “investigat[ing] whether any state laws within the state of Minnesota have been violated.”
If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.
Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and “necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.
States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.
Minneapolis Mayor Jacob Frey said, “We collectively are going to do everything possible to get to the bottom of this, to get justice, and to make sure that there is an investigation that is conducted in full.” Police Chief Brian O’Hara followed up by saying that the state’s Bureau of Criminal Apprehension is “investigat[ing] whether any state laws within the state of Minnesota have been violated.”
If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.
Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and “necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.
States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.
Excellent, clarifying piece on the (real) legal pathway that Minnesota has to prosecute the ICE agent who shot and killed a woman today.
— Mark Joseph Stern (@mjsdc.bsky.social) 2026-01-08T00:25:37.371Z
No, federal agents do not have absolute immunity from start charges, no matter what the Trump administration claims.
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