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Swalwell Pledges to Revoke ICE Agents’ Licenses as Critics Cite Legal Limits

Legal experts say state moves against federal agents would likely be preempted by federal law.

Overview

  • At a Los Angeles gubernatorial forum, Rep. Eric Swalwell said he would revoke California driver’s licenses for ICE officers who operate masked and would direct prosecutions for battery, false imprisonment, and murder.
  • Video of his remarks circulated widely on social media, prompting partisan blowback, including criticism from Transportation Secretary Sean Duffy.
  • Coverage quoted legal analysts arguing California cannot penalize federal officers this way because of the Supremacy Clause and federal-agent immunity doctrines.
  • Reports also say Swalwell is working with Rep. Dan Goldman on a bill to remove qualified immunity protections for ICE officers following a recent fatal enforcement incident in Minneapolis.
  • California passed a law limiting federal agents’ use of face coverings during operations, and DHS has said it will not follow the state restriction.