DHS shares Stephen Miller clip telling ICE they have 'federal immunity'

Minneapolis ICE shooting: Could officer face charges?

If local prosecutors determine ICE officer Jonathan Ross acted wrongly in the shooting of Renee Good, could he face state charges for the shootings? Hamline law professor David Schultz walks us through the legal dynamics at play.

MINNEAPOLIS (FOX 9) - The Department of Homeland Security (DHS) shared a clip Tuesday of top President Trump adviser Stephen Miller telling ICE officers they have "federal immunity" when doing their jobs.

Miller on federal immunity

What they're saying:

The clip posted on Tuesday was a video of Miller appearing on the Will Cain Show back on Oct. 24.

During that appearance, Miller was discussing comments made by Illinois Governor J.B. Pritzker suggesting the state could pursue criminal charges against ICE agents for their actions during "Operation Midway Blitz." In the clip, Miller is telling ICE officers they need not fear charges from state officials while doing their job due to "federal immunity."

However, the clip shared by DHS leaves out that context.

The clip posted Tuesday, which is transcribed in the tweet, only includes Miller saying: "To all ICE officers: You have federal immunity in the conduct of your duties. Anybody who lays a hand on you or tries to stop you or tries to obstruct you is committing a felony. You have immunity to perform your duties, and no one — no city official, no state official, no illegal alien, no leftist agitator or domestic insurrectionist — can prevent you from fulfilling your legal obligations and duties. The Department of Justice has made clear that if officials cross that line into obstruction, into criminal conspiracy against the United States or against ICE officers, then they will face justice."

The other side:

The Miller clip had been making rounds among some left-wing users following the shooting of Renee Good.

On Bluesky, SiriusXM radio host Dean Obeidallah shared the clip, saying: "There's a straight line between murder of Renee Nicole Good by Trump's ICE officers and Stephen Miller repeatedly telling ICE agents they are above the law."

Increasing conflicts between protesters and ICE

Local perspective:

Since the surge of ICE in Minnesota, there have been increasing confrontations between protesters and ICE officers.

In recent days, there have been two incidents involving ICE officers using tear gas just a couple blocks away from the memorial for Renee Good. At the Whipple Building, the federal building at Fort Snelling that houses the regional ICE headquarters in Minnesota, there have been daily protests that routinely get heated and lead to arrests being made.

Minnesota has seen more and more ICE "observers" during the ICE surge. Observers are citizens who respond to scenes of ICE arrest to document the activity themselves. Sometimes, observers will go to the lengths of following ICE vehicles around the city — a tactic which ICE claims is illegal. It's worth noting, DHS has also said that taking photos and videos of ICE and posting them online is also illegal, but courts have disagreed.

That said, some local authorities have urged protesters to stop following federal officers.

On Tuesday, St. Cloud police said that some people attempting to follow ICE agents have been following people who are not federal law enforcement.

"While intentions may be rooted in concern or advocacy, following people in vehicles can be frightening, dangerous, and potentially unlawful," police wrote.

Is it legal to follow ICE agents?

FOX 9's Corin Hoggard spoke Tuesday with Ryan Ecklund, a Woodbury native who was detained by ICE agents for more than nine hours after he followed and recorded their actions.

What protections do ICE officers have?

Dig deeper:

There is no legal concept of "federal immunity" but there are several types of legal protections that federal officials maintain.

Last week during a White House briefing after the shooting of Renee Good, Vice President J.D. Vance claimed that ICE officer Jonathan Ross couldn't face charges for the shooting because he was protected by "absolute immunity."

Most legal experts agree that Vance's claims are bogus. Absolute immunity typically only offers protection for lawmakers, judges, and prosecutors – not law enforcement.

However, Vance was right that it would likely be difficult for local authorities to bring a case against Ross. That's because of what's known as the Supremacy Clause in the U.S. Constitution.

Minneapolis ICE shooting: Could officer face charges?

What it means:

Supremacy Clause immunity protects federal agents from local prosecutions for acts committed within the course of their duties.

Speaking with FOX 9 over the weekend, law professor David Schultz said to move forward with a case locally, prosecutors would have to prove the federal officer wasn't acting in an official capacity but purely as a private individual.

"Let's say an ICE agent shot somebody in a bar after hours — they were drinking or something — that's probably private," Schultz says. "But here, given the fact that Noem has already said he followed instructions, he was acting as an agent, makes it difficult."

Schultz says even if local prosecutors could get past that hurdle, they would then have to prove that Ross' use of force was not objectively reasonable – the standard established by the Supreme Court — which is a high bar to pass.

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