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Tipsheet

Minnesota Officials Looking to Prosecute ICE Agents Over Fatal Shootings – Here's What Could Happen

Minnesota Officials Looking to Prosecute ICE Agents Over Fatal Shootings – Here's What Could Happen
AP Photo/Jen Golbeck

Minnesota officials are considering filing state criminal charges against federal immigration officers involved in two deadly shootings in Minneapolis.

Federal agents typically enjoy a degree of immunity under federal law, which could complicate efforts to prosecute the officers.

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The first shooting involved 37-year-old Renee Good, who was shot and killed by an Immigration and Customs Enforcement (ICE) agent earlier this month during an immigration raid. The authorities claim she tried to run the agent over with her vehicle. However, some dispute this claim, citing video evidence appearing to show Good trying to drive away from the scene before the agent opened fire.

The second involves a 37-year-old ICU nurse named Alex Pretti, who was fatally shot during an immigration enforcement operation near a protest in south Minneapolis. The Department of Homeland Security (DHS) claimed Pretti approached officers with a firearm.

However, video footage shows Pretti holding a phone. However, he was carrying a concealed pistol and possessed a permit. Pretti can be seen in the video stepping between a Border Patrol agent and a woman the agent had pushed while trying to apprehend an illegal immigrant.

About six officers tackled Pretti to the ground and removed his gun from his holster before shooting him multiple times.

A federal judge has ordered DHS not to destroy or alter evidence in the case, according to CBS Minnesota.

These shootings have become a flashpoint in the overall debate over the Trump administration’s immigration enforcement policies. Hennepin County Attorney Mary Moriary said her office “has jurisdiction” to decide whether the officer who shot Good should face charges, PBS NewsHour reported.

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Minnesota Attorney General Keith Ellison joined Moriarty and the state Bureau of Criminal Apprehension in a joint investigation into Good’s death while Gov. Tim Walz vowed to launch a state probe of Pretti’s kiilling.

Under Minnesota law, law enforcement officers can only use deadly force if a reasonable officer in the same situation would deem it necessary to protect people from death or bodily harm. It also has a broader rule regarding “justificable taking of life” by law enforcement officers. Analysts have suggested the ICE or Border Patrol agents involved int he shootings would likely fit this category.

However, the U.S. Constitution’s Supremacy Clause could pose an obstacle. Federal officers can request that any state case be moved to federal court. Then, they could argue they are immune from state prosecution if they were carrying out their federal duties and that they used “necessary and proper” force.

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Minnesota would have to show that the shootings were unreasonable and excessive to the point that they fell outside any federal protections.

So far, no charges have been filed, but if Minnesota authorities decide to charge the officers, the cases could become a major test of whether states can hold federal agents criminally accountable when they use force.

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