House Democrats propose bill removing ICE officers’ immunity protections
WASHINGTON, DC: Democratic Reps Eric Swalwell (D-CA) and Dan Goldman (D-NY) said that they planned to introduce legislation that would remove qualified immunity protections for Immigration and Customs Enforcement (ICE) officers.
The proposal came on Friday, January 9, amid heightened scrutiny of federal immigration enforcement following the fatal shooting of 37-year-old Renee Nicole Good by an ICE officer in Minnesota on Wednesday.
The bill, titled the 'ICE OUT Act', would specifically target qualified immunity protections for ICE officers, limiting when they could claim legal immunity for actions taken while on duty.
'ICE Out Act' proposed amid debate on officer accountability
The bill, known as the 'ICE OUT Act', was being proposed amid heightened debates over whether an ICE officer should face criminal prosecution for the fatal shooting of Good on in Minnesota.
Lawmakers said the current legal standard gave federal officers broad protections when acting within the scope of their duties, making accountability difficult in cases involving the use of force.
Goldman acknowledged that under existing law, prosecuting the officer involved in the shooting would be “very difficult,” noting that the standard “allows for the officer’s own view to carry a lot of weight.”
He said that the bill would apply specifically to civil enforcement officers and introduce an objective test for determining whether immunity applies.
“And if you are acting completely outside of your duties and responsibilities, you don’t have immunity from a civil lawsuit, and you don’t have a defense from a criminal charge,” Goldman said.
He added that the legislation would also narrow the definition of ICE’s authority, stating, “Their only authority is to investigate and civilly arrest immigrants for immigration violations.”
Swalwell also criticized ICE’s broader enforcement approach, saying, “They’re chasing people through the fields and factories where they work. They’re going to churches, they’re going to schools, they’re t*******g people who are here with all of their documents.”
“Renee Good was a mom of three kids. And if you looked at her glove compartment, which has been photographed and shared, you don’t see a weapon, you don’t see a knife, you don’t see a gun. You see what we as parents call ‘stuffies,’ stuffed animals. You see a little cup of Cheerios,” Swalwell said on an episode of The Daily Blast from The New Republic.
JD Vance defends ICE officer's federal immunity
Vice President JD Vance defended the ICE officer involved in the Minnesota shooting, saying during a White House press briefing on Friday that the agent was protected by immunity because he was acting in an official capacity.
“The precedent here is simple: You have a federal law enforcement official engaging in official action. That’s a federal issue. That guy’s protected by absolute immunity,” Vance said.
He added that any attempt to prosecute the officer would likely fail, saying, “I’ve never seen anything like that. It would get tossed out by a judge.”
Senior Trump administration officials said the officer acted in self-defense, with Homeland Security Secretary Kristi Noem describing Good’s actions as an act of "domestic t******m."
Democrats, have however, disputed that account, calling the shooting unjustified and calling for independent investigations.
