What the law says about prosecuting ICE agents for murder -- Sabrina Haake

[erronis]

https://sabrinahaake.substack.com/p/what-the-law-says-about-prosecuting

ICE agents just shot and killed two more innocent people, a man in Texas and another in Maine. Both men were legally authorized to work in the United States; both were shot in the early morning while driving to work.

Neither victim was ICE's intended target, meaning each man died because federal agents pursued him in error.

. . .

Although Trump officials are trying to block independent investigations into ICE killings, the truth will eventually come out, as it just did for Renee Good. When all the evidence is finally released, ICE agents will learn that they are not as free to kill as Stephen Miller would have them believe.

Not only can ICE agents be prosecuted, tried by jury, and sent to prison (or worse) for murder, but Trump can't pardon them. Anyone convicted of murder under a state's criminal code is stuck with state justice as they languish in that state's penitentiary.

Federal agents are not immune from state prosecution and never have been

Under state and federal law, a federal agent acting outside the scope of his duties is not immune from state prosecution for murder, manslaughter, or any other crime under state law. Since 1890, the Supreme Court has held federal officers immune from state prosecution only if 1. they were acting within the scope of their official federal duties, and 2. their actions were objectively reasonable.

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Sabrina Haake is a political analyst and 25+ year federal trial attorney specializing in 1st and 14th A defense.