Stephen Miller’s message to ICE agents on Fox News, which the Department of Homeland Security shared, asserted that they have “federal immunity.” Legal experts quickly refuted this claim, emphasizing that no such blanket immunity exists for criminal behavior and that states can hold federal officers accountable. Moreover, some legal scholars suggested that Miller’s actions, particularly if he’s directing agency actions, could make him subject to impeachment. The legal experts’ concerns were underscored by the fact that Miller is not a lawyer.
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Following an ICE officer’s fatal shooting in Minneapolis, city leaders are investigating whether state criminal law was violated. While federal officers have some immunity, it only applies if their actions were authorized and necessary under federal law. Historically, states have prosecuted federal officers for excessive force, with federal courts allowing such cases to proceed when the use of force was questionable. If charges are brought, the case would likely move to federal court, but the state prosecutor would still handle the case, and the president couldn’t pardon a conviction for a state crime.
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Stephen Miller’s ICE Immunity Claim Draws Legal Scrutiny, Backlash
Stephen Miller’s message to ICE agents on Fox News, which the Department of Homeland Security shared, asserted that they have “federal immunity.” Legal experts quickly refuted this claim, emphasizing that no such blanket immunity exists for criminal behavior and that states can hold federal officers accountable. Moreover, some legal scholars suggested that Miller’s actions, particularly if he’s directing agency actions, could make him subject to impeachment. The legal experts’ concerns were underscored by the fact that Miller is not a lawyer.
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Minnesota Could Prosecute ICE Shooter, Despite Trump’s Inability to Pardon
Following an ICE officer’s fatal shooting in Minneapolis, city leaders are investigating whether state criminal law was violated. While federal officers have some immunity, it only applies if their actions were authorized and necessary under federal law. Historically, states have prosecuted federal officers for excessive force, with federal courts allowing such cases to proceed when the use of force was questionable. If charges are brought, the case would likely move to federal court, but the state prosecutor would still handle the case, and the president couldn’t pardon a conviction for a state crime.
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