The American Prospect

01/07/2026

The point is that states have the ability to enforce their laws against federal officers or agents, in precisely the same circumstances as in this potential case in Minneapolis. Sometimes they win, sometimes they lose. But the law does not confer automatic immunity to federal officers. “Federal officers and employees are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law,” the Supreme Court wrote in Colorado v. Symes nearly 100 years ago.

It is entirely possible that this Court will look to different precedents, like In re Neagle in 1890, to throw out a state murder case against an ICE agent. But if that threat prevents Minnesota Attorney General Keith Ellison or local prosecutors from pursuing justice, then ICE has practical immunity for all intents and purposes already. During this frenzied moment, declining to prosecute state violations of law from immigration enforcement seems like it will simply invite abuse after abuse.

Of course, President Trump would be almost certain to act to punish Minnesota in some way if they dared to indict an ICE officer for murder. But Trump is already acting unilaterally to punish Minnesota! That’s why these agents were out hassling Minneapolis residents in the first place. Those acts of retaliation will play out in court and be decided well before any new retaliation in the ICE incident, and precedent indicates that the president will lose in trying to single out individual state funding for unrelated reasons. (I should add that state crimes cannot be expunged with a federal pardon, as Trump is finding out with Tina Peters in Colorado.)

The mayor of Minneapolis, Jacob Frey, has asked ICE agents to leave the city, but that’s unlikely to be followed. He has also said that the “self-defense” claim by DHS is “bullshit.” There is a way to deal with that discrepancy, and it’s called criminal prosecution. An indictment would signal to agents that their actions are circumscribed by state law, including the law against murder. Lame-duck Gov. Tim Walz has promised “a full, fair, and expeditious investigation” of the incident. There is ample precedent to go further.