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White House and DHS Promote 'Federal Immunity' for ICE, Vance Echoes Claim

Legal scholars say the assertion misstates officer protections, which do not preclude potential criminal liability.

Overview

  • White House deputy chief of staff Stephen Miller told ICE officers on Fox that they have 'federal immunity' in the conduct of their duties.
  • The Department of Homeland Security amplified the message by posting a 'REMINDER' with Miller’s statement on its official account.
  • Vice President J.D. Vance echoed the idea by describing the officer in the Minneapolis case as having 'absolute immunity.'
  • Constitutional law experts dispute any notion of blanket immunity, noting the Supremacy Clause can limit state prosecutions but does not bar all criminal exposure.
  • Analysts point out that qualified immunity applies to certain civil suits, while federal criminal charges such as deprivation of rights require proof of willful intent, a high legal threshold, and the FBI’s shooting investigation has reportedly limited state access to evidence.