Minnesota Could Prosecute the ICE Shooter. Trump Can't Pardon Him. - SLATE

[In It to Win It]

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.

Excellent, clarifying piece on the (real) legal pathway that Minnesota has to prosecute the ICE agent who shot and killed a woman today.

No, federal agents do not have absolute immunity from start charges, no matter what the Trump administration claims.

— Mark Joseph Stern (@mjsdc.bsky.social) 2026-01-08T00:25:37.371Z

[surfered]

1. I hope the state has that authority.

[MarineCombatEngineer]

10. They do.

https://statedemocracy.law.wisc.edu/featured/2025/explainer-can-states-prosecute-federal-officials/

Explainer: Can States Prosecute Federal Officials?
Posted on July 17, 2025
Bryna Godar, Staff Attorney
PDF Available Here
Published: July 17, 2025

As state and local officials increasingly clash with federal officials over immigration enforcement,[1] policing of protests,[2] and much more,[3] they could soon turn to a long-used tactic of state pushback: prosecuting federal agents or officials for violations of state laws.[4]

This practice stretches back to at least the early 1800s, and it comes with a mixed track record. Some state prosecutions of federal actors are relatively non-controversial, like charging postal workers for reckless driving while on the job.[5] Others involve core disputes between states and the federal government, including on desegregation,[6] slavery,[7] and prohibition.[8]

The bottom line is that states are legally permitted to prosecute federal officials for state crimes—within limits. The limits stem from the federal constitutional principle that states should not be able to undermine federal policy via targeted criminal prosecutions, a doctrine known as Supremacy Clause immunity.[9] But this principle only applies when federal officials are reasonably acting within the bounds of their lawful federal duties.[10] When federal officials act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner, state prosecutions can move forward. Even where charges are ultimately dismissed, states have occasionally used prosecutions as a form of pushback against controversial federal actions.

This explainer explores when states can or cannot pursue prosecutions against federal officials and what that has looked like in practice. This explainer details the relevant history and law; it does not advocate for or against any particular course of action. It also does not address the related but distinct question of when federal officials can face civil (rather than criminal) suits under state law for violating the federal constitution—a separate explainer on that issue is available here.

[Bayard]

15. Thanks for making me feel a little bit better

There's no doubt about that egregious or unwarranted bit.

[UTUSN]

2. Double knr

[GoodRaisin]

3. As well they should.

[CaliforniaPeggy]

4. The State must continue to prosecute this illegal, unlawful act.

Anything else, any sort of other action, would be reprehensible.

[Johonny]

5. Im sure he is long gone to a red state

Unless he is really, really stupid.

[LisaL]

7. States are supposed to extradite accused criminals to

the state where the crime was committed, as far as I can tell.

[paleotn]

14. That they do. It's common practice.

There's no state in the union that's freaking Switzerland. And murder is a crime in every state last I checked, unlike the abortion pill brouhaha a few years ago.

[flvegan]

6. Uh huh. So once the internet does its job of doxxing that fuckwit

any evidence left at the compromised crime scene will be inadmissible, he'll have no gun shot residue, the gun will be long gone and all the fellow "officers" that witnessed the crime will "forget" what they saw. And these fascists will be marching down the next street tomorrow, kicking in a new set of doors knowing they can murder at will. Just keep your "badges" and your faces hidden.

Face it, Mayor McCheese and Police Chief Wiggum can't/won't do shit. They already failed their citizens.

[LisaL]

8. It's on video.

NT

[paleotn]

16. Thank you, Debbie Downer.

[MarineCombatEngineer]

9. Yup,

states can prosecute active military members for state crimes alongside with the military, so they can prosecute fed. cops if they violate state laws.

[Ars Longa]

11. I think ICE will try and "Disappear" this Goon into the DHS/FBI

whatever woodwork. Hopefully we all (Dems) can put
enough pressure on them to cough him up.

[mysteryowl]

12. I saw a video that showed the ICE shooter very clearly.

He can be identified, even though he had a black face cover.

[llmart]

13. And that needs to be against the law.

I remember a time when entering a bank you had to remove your sunglasses. Now we've got federally sanctioned murderers wearing face coverings so they can kidnap and murder people.

[BurnDoubt]

17. They need to review the training.

I'm guessing his "training" consisted in claiming to know how to fire a weapon and saying "hell yes" when asked if he could shoot someone.
That, and his resume entry for January sixth.

Seriously... we need to know what level of Professionalism is required for such a fraught undertaking.
Lives hang in the balance.
No Shit!

This was absolutely unnecessary.
KKKristy and the entire mis-Administrstion are to blame and need to be held accountable to the State of Minnesota.
Lock Them Up!!!!