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Fact check: Do ICE officers really have ‘federal immunity’ in the US?

Fact check: Do ICE officers really have ‘federal immunity’ in the US?

Summary

The article discusses claims about legal protections for U.S. Immigration and Customs Enforcement (ICE) agents. It addresses whether ICE agents have full legal immunity from arrest by state or local officials. Legal experts clarify that while ICE agents have some protections, they are not completely immune from legal accountability.

Key Facts

  • Stephen Miller stated that ICE agents have "federal immunity" from prosecution when performing their duties.
  • Illinois Governor JB Pritzker mentioned the possibility of interfering with or arresting ICE agents, prompting legal discussions.
  • Federal immunity means that ICE agents are protected while performing official tasks, but it does not prevent federal prosecution if they break the law.
  • Legal experts note that the Supremacy Clause limits the ability of states to prosecute federal agents, but it does not give blanket immunity.
  • Bryna Godar, a legal expert, stated that federal officials are not entirely immune from state criminal prosecution.
  • The Justice Department considers arrests of federal agents performing duties as illegal under certain federal laws.
  • A federal judge sentenced a Customs and Border Protection agent to prison in 2024 for using excessive force, demonstrating accountability.
  • Non-governmental organizations can sue the federal government for the actions of its agents.

Source Information