Radio Atlantic Do ICE Officers Have 'Immunity'?
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Jan 15, 2026 Brenna Goddard, a legal researcher specializing in holding federal officers accountable, and Nick Miroff, a staff writer covering immigration for The Atlantic, dive into the heated tensions surrounding a controversial ICE shooting. They discuss the challenges of prosecuting federal agents and reveal how the current administration's narrative emboldens ICE officers. Goddard sheds light on the complex terrain of state vs. federal authority, while Miroff highlights the internal dynamics within ICE. The conversation raises critical questions about accountability and the evolving role of federal agencies.
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Federal Defense Precedes Investigation
- The administration reflexively defended the shooter and dismissed the victim as a domestic terrorist before investigations concluded.
- That public defense raises the broader question of whether federal agents can act with impunity against Americans.
Immunity Is Limited, Not Absolute
- Federal officers do not have absolute immunity and can face state criminal charges for on-duty conduct.
- A state prosecution would likely trigger a federal immunity claim and a possible transfer to federal court for resolution.
How States Can Overcome Immunity Hurdles
- States must show disputed facts about an officer's reasonableness to overcome immunity hurdles.
- Focus investigations on creating factual disputes to get cases past the immunity threshold.