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re: Is it legal for local law enforcement
Posted on 1/16/26 at 7:25 am to Bard
Posted on 1/16/26 at 7:25 am to Bard
quote:
Let's get more specific: can ICE agents be arrested for enforcing immigration law?
No. The federal government has primacy in immigration and border issues.
It's more nuanced than that, like with any LEO. Just enforcing laws they're permitted to enforce doesn't absolutely insulate them from criminal prosecution, at the state or federal level.
If they're enforcing immigration law properly within the legal limits of that enforcement authorization, they're likely immune.
The devil is in the details with those 2 variables.
5
Posted on 1/16/26 at 7:26 am to RoscoeSanCarlos
Well, don't want to give away my current agency for obvious reasons but I did 10 years in the Border Patrol before moving on to a three letter organization. I've got 24 years of federal service now and looking to pull the plug in the next 18-24 months. It's been a good ride and have seen some pretty crazy things over the years. This job shows you the best and worst of people.
Posted on 1/16/26 at 7:33 am to SlowFlowPro
Doubt any cop is dumb enough to try to arrest a federal immigration law enforcement officer in the process of performing his lawful duties. Remember these Feds are armed and acting in compliance with Federal law. Supremacy act is in effect. The cop would be hit with all kinds of charges ie interfering with federal agent, obstruction of justice, aiding and abetting criminal from being apprehended. and civil suits for false arrest, false imprisonment not to mention the Feds could just as easily arrest the cops on federal law violations. Would be fun to see though. 
Posted on 1/16/26 at 7:37 am to SlowFlowPro
quote:
If they're enforcing immigration law properly within the legal limits of that enforcement authorization
That's the natural assumption.
Posted on 1/16/26 at 7:39 am to Tigertittie
There is no universal answer to this question
Posted on 1/16/26 at 7:54 am to TigerPlate
quote:
Doubt any cop is dumb enough to try to arrest a federal immigration law enforcement officer in the process of performing his lawful duties.
I imagine they'd arrest him/her off duty at their place of abode or socializing.
Posted on 1/16/26 at 7:59 am to SlowFlowPro
quote:
It's more nuanced than that, like with any LEO. Just enforcing laws they're permitted to enforce doesn't absolutely insulate them from criminal prosecution, at the state or federal level.
If they're enforcing immigration law properly within the legal limits of that enforcement authorization, they're likely immune.
The devil is in the details with those 2 variables.
It's actually even more nuanced than that, isn't it?
To lose qualified immunity it's my understanding that it takes more than simply making a mistake. It's my understanding that you would have to willfully disregard policy or training or something. Basically you have to do something that they can prove you had been instructed on otherwise.
For example, even if you violated the 4th amendment in some way during a seizure, that wouldn't necessarily lose your qualified immunity. But if you did it on a Thursday after having been instructed on Monday in a special departmental training on searches and seizures and you violated something that was covered in that training, then you could.
Posted on 1/16/26 at 8:05 am to MikeBRLA
quote:
Exactly. The simple is yes they can arrest them if they are breaking the law. Being a federal agent isn’t doesn’t give them immunity.
Alot of that hinges on being in the line of duty as well. If a federal officer is committing crimes in the line of duty, the best course of action would probably be to attempt to detain and contact federal law enforcement. If they aren't in the line of duty, and say, driving drunk because this example was used already, yes an arrest would be possible. Federal law enforcement would probably still have to get involved depending on the situation they would likely have to.
Posted on 1/16/26 at 8:07 am to Tigertittie
quote:
To arrest federal agents? When those said agents are enforcing the law?
Only if they are breaking the law.
Posted on 1/16/26 at 8:11 am to wackatimesthree
quote:
o lose qualified immunity
That's for civil suits, not prosecutions.
Posted on 1/16/26 at 8:12 am to BrianKellysbuyout
quote:
Alot of that hinges on being in the line of duty as well. If a federal officer is committing crimes in the line of duty, the best course of action would probably be to attempt to detain and contact federal law enforcement. If they aren't in the line of duty, and say, driving drunk because this example was used already, yes an arrest would be possible. Federal law enforcement would probably still have to get involved depending on the situation they would likely have to.
It's not a perfect example, but it still works.
Derek Chauvin was performing his duties while on duty in the course of his job.
Posted on 1/16/26 at 8:13 am to SlowFlowPro
quote:
That's for civil suits, not prosecutions.
Noted.
Posted on 1/16/26 at 8:31 am to SlowFlowPro
He didn't do anything wrong, he was scapegoated by a liberal media, and justice system where he was. He wasn't a federal officer either, but you try to throw out random crap to see what hits the wall I guess.
Posted on 1/16/26 at 8:33 am to Tigertittie
quote:
SlowFlo or any other lawyers want to chime in on this?
Geez..... just ask Grok!!!
Much, much easier and direct without the extra bullshite.
Posted on 1/16/26 at 8:35 am to BrianKellysbuyout
quote:
He didn't do anything wrong, he was scapegoated by a liberal media, and justice system where he was.
That's not really relevant as the same situation can happen to any LEO today
quote:
He wasn't a federal officer either,
Being a federal officer wouldn't affect anything, either.
Federal officers aren't allowed to kill (the allegations, not my view) people they're detaining unjustly, either.
Posted on 1/16/26 at 8:36 am to lake chuck fan
quote:
Much, much easier
grok fricks up a ton, especially on legal issues, just FYI
Posted on 1/16/26 at 8:39 am to Barstools
If an ICE agent is violating local law he absolutely is subject to arrest by local authorities…
Posted on 1/16/26 at 8:47 am to SlowFlowPro
quote:
It's more nuanced than that, like with any LEO. Just enforcing laws they're permitted to enforce doesn't absolutely insulate them from criminal prosecution, at the state or federal level.
I do not think the state gets to decide if the Fed is using "too much force" when they are apprehending an illegal alien for example.
quote:
Derek Chauvin was performing his duties while on duty in the course of his job.
While I get the example, he was a local cop charged under local laws nothing fed.
This post was edited on 1/16/26 at 8:51 am
Posted on 1/16/26 at 9:01 am to Tigertittie
If a federal agent is legally enforcing the law, locals can't do shite other than get themselves arrested by federal agents for obstruction.
This is all virtue signaling though. Local officials are too chickenshit to take a stand and follow through on these threats. They are stupid but not that stupid. They will leave the real obstruction up to the paid agitators that are useful idiots serving as cannon fodder. Their legal teams have made them very well aware what the law is and what happens if they order their officers to obstruct. I think some of them are true believers but don't have the courage to take the punishment for the belief.
This is all virtue signaling though. Local officials are too chickenshit to take a stand and follow through on these threats. They are stupid but not that stupid. They will leave the real obstruction up to the paid agitators that are useful idiots serving as cannon fodder. Their legal teams have made them very well aware what the law is and what happens if they order their officers to obstruct. I think some of them are true believers but don't have the courage to take the punishment for the belief.
Posted on 1/16/26 at 9:03 am to SlowFlowPro
quote:
The devil is in the details
and there is your answer..............................
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