Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him.
slate.com
Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.

Shortly after a U.S. Immigration and Customs Enforcement officer shot and killed a woman in Minneapolis on Wednesday, city leaders began looking into whether the officer had violated state criminal law.

Minneapolis Mayor Jacob Frey said, “We collectively are going to do everything possible to get to the bottom of this, to get justice, and to make sure that there is an investigation that is conducted in full.” Police Chief Brian O’Hara followed up by saying that the state’s Bureau of Criminal Apprehension is “investigat[ing] whether any state laws within the state of Minnesota have been violated.”

If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.

    • Rivalarrival@lemmy.todayEnglish
      3·
      23 hours ago

      28 USC 1441:

      Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

      1. State level murder charges are not a civil action.
      2. The district courts of the United States do not have original jurisdiction over state-level murder charges.

      28 USC 1442:

      (a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

      (1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

      Apprehension or punishment of criminals: The president’s position is that ICE is repelling an invasion, not enforcing law. The president’s argument against Birthright Citizenship, and his entire justification for non-judicial deportation is that the immigrants in question are not “criminals”, but foreign nationals not subject to the laws of the United States. The detainees are not considered criminals; they are not afforded the rights of criminals. Since the president’s executive order on birthright citizenship, ICE actions in general are not for the apprehension or punishment of criminals.

      Allowing the case to be moved to the district court on these grounds would set a more important precedent than the murder charge.

      The other categories do not apply to ICE agents.

      • Hathaway@lemmy.zipEnglish
        1·
        24 hours ago

        I agree with you wholeheartedly. I do believe we have people deranged enough to try. Thank you for the comprehensive breakdown. I certainly do not know the nuances of law, just what I gathered.