Vance Says ICE Agent in Minneapolis Shooting Has “Immunity”

Vice President J.D. Vance stirred controversy when he publicly stated that the U.S. Immigration and Customs Enforcement (ICE) agent who fatally shot a 37-year-old woman in Minneapolis has “absolute immunity” from criminal charges because the agent was performing federal duties at the time. Vance made the comments during a White House press briefing, defending the agent’s actions and asserting that state officials cannot criminally pursue a federal officer for actions taken during an enforcement operation.

Vance’s Statement on Immunity After Shooting

Vance described the shooting as part of a “federal issue,” saying that it would be “preposterous” for Minnesota officials to hold the agent accountable and that he is “protected” because he was “doing his job.” His comments came amid broader political tensions over federal immigration enforcement and the Minneapolis shooting, which has drawn protests and conflicting accounts of what occurred.

What Legal Experts Say About Immunity

Legal scholars and constitutional law experts disagree with Vance’s framing of “absolute immunity” as a blanket protection for federal law enforcement. Federal agents are not automatically shielded from criminal prosecution simply because they are acting within their official roles. Instead, there are specific legal standards that govern when and how prosecution is possible — and “absolute immunity” typically applies only to a narrow set of official functions, such as judicial or legislative acts, not ordinary law enforcement.

A related legal concept sometimes discussed in these situations is “Supremacy Clause immunity,” which may limit state prosecutions if a federal officer was acting lawfully and within the scope of their duties. But even that protection is not absolute, and whether it applies depends on what a court ultimately decides about the officer’s conduct — including whether it was reasonable, necessary, and authorized. State prosecutors could still attempt charges and then argue in court that the actions were protected under federal law.

These experts also note that criminal charges at the federal level are rare in police-involved shooting cases, as prosecutors must show willful or reckless disregard for constitutional rights — a high bar that is seldom met in court. Yet, federal prosecution is legally possible when evidence shows an officer acted outside lawful authority.

State vs. Federal Prosecution

Vance’s comments touched on a long-standing legal debate about whether state authorities can charge federal officers for actions taken in the line of duty. Under the U.S. Constitution’s Supremacy Clause, federal law generally takes precedence over state law, but that doesn’t automatically preclude prosecution if a federal officer’s conduct is unlawful or outside the scope of official duties. If a Minnesota prosecutor were to file charges — for homicide, manslaughter, or assault — a federal judge could then consider whether immunity applies.

Legal critics argue that Vance’s claim of “absolute immunity” overstates the legal protections rightly available to federal officers. Many attorneys point out that qualified immunity, not absolute immunity, is more commonly invoked, particularly in civil lawsuits alleging constitutional violations — and that in criminal cases, qualified immunity does not itself block prosecution if evidence shows a violation of law.

Public and Political Reaction

Vance’s statement has drawn pushback not only from legal voices but also from community members and online commentators, who argue that federal officials should be accountable when deadly force is used against civilians. Some have pointed out that Vance does not have the legal authority to unilaterally grant “absolute immunity,” and that such protections can only be determined by courts, not executive statements. Critics also highlight that qualified immunity differs significantly from absolute immunity, and the latter is rarely — if ever — applied to street-level law enforcement actions.

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