state prosecution

ICE Agents Lack Absolute Immunity From State Prosecution

Vice President J.D. Vance claimed ICE agents possess “absolute immunity” from state prosecution, citing the 1890 case *In re Neagle* as precedent. However, the Supreme Court’s ruling in *Drury v. Lewis* contradicts this claim. In *Drury v. Lewis*, the court allowed a state court to consider murder charges against a U.S. soldier, even though he was acting in his official capacity, if the lawfulness of the force used was disputed. Therefore, Vance’s assertion of absolute immunity is an unsound interpretation of legal precedent.

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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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