Federal Immigration and Customs Enforcement (ICE) agents often escape serious punishment for shootings because of a legal defence that relies on their 'subjective belief' that force was necessary, an expert has said. The revelation comes amid heightened scrutiny following the killing of Renee Good, a 37-year-old mother of three, on 7 January, and another shooting in Minnesota on Thursday.
Investigations by WIRED have found that ICE agents have been involved in dozens of shootings in recent years, many involving moving vehicles. At least 19 shootings have involved cars, resulting in 10 deaths and six injuries. Agents have also fired weapons in public areas with bystanders present on 22 occasions, and in seven cases the person shot was not the target of any enforcement action.
ICE’s own handbook states that agents may use force only when 'all reasonable efforts to otherwise resolve a situation have failed'. However, Mike German, a former federal law enforcement agent, told WIRED that prosecutors and judges tend to be 'very deferential' to agents, accepting their 'subjective belief' that deadly force was necessary. This effectively shields them from criminal charges or conviction, he said.
The Trump administration has gone further, with top officials including Vice President JD Vance and senior aide Stephen Miller arguing that agents have 'absolute immunity' for actions taken while performing their duties. Speaking about agent Jonathon Ross, who was involved in the Good shooting, Vance said: 'That guy is protected by absolute immunity. He was doing his job.'
The Department of Homeland Security, which oversees ICE, insists that officers are 'highly trained in de-escalation tactics' and 'use the minimum amount of force necessary'. The agency’s spokesperson, Tricia McLaughlin, reiterated that the safety of the public and officers is a priority. Despite these assurances, critics argue that the 'reasonable efforts' standard is rarely enforced, leaving agents effectively above the law.
