Federal Jurisdiction Row Erupts Over Fatal ICE Shooting in Minneapolis, Raising Questions on State Authority
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A fatal shooting by a federal immigration officer in Minneapolis has sparked a heated dispute between state and federal authorities. The incident has reignited a long-standing debate over whether federal agents can be held accountable under state law for actions taken during federally authorized operations.Minnesota law enforcement officials were barred from participating in the investigation and reviewing key evidence by the FBI, which claimed that the state has no jurisdiction to investigate the shooting. The move has left local prosecutors evaluating their options and Minnesota Governor Tim Walz urging federal officials to reconsider, citing concerns over the investigation's fairness.Experts say that there is a narrow precedent for state charges, but federal agents often invoke immunity under the Supremacy Clause of the U.S. Constitution. This clause protects federal workers performing federally sanctioned duties, but it's not a blanket protection, according to legal experts."The legal standard is that a federal officer is immune from state prosecution if their actions were authorized by federal law and necessary and proper to fulfilling their duties," said Robert Yablon, a University of Wisconsin Law School professor.State prosecutors would need to demonstrate a violation of state statutes and that the use of force was unconstitutionally excessive under federal law to bring charges. However, cooperation between federal and state authorities is crucial in investigating the shooting, and federal authorities have rescinded a cooperation agreement with the Minnesota Bureau of Criminal Apprehension.Minnesota Attorney General Keith Ellison emphasized that the move by federal authorities does not preclude state officials from conducting their own parallel investigation. However, local officials in Hennepin County expressed concerns that they would be left in the dark if the FBI chose not to share their findings.Deputy Attorney General Todd Blanche defended federal agents' use of force, citing the need for officers to make split-second decisions in chaotic situations. He also highlighted standard protocols that ensure evidence is collected and preserved after officer-involved shootings.In the past, investigations into use-of-force cases have examined how the specific officer was trained, whether they followed their training, and if they acted against standard protocol. The extent to which state investigators will be granted access to training records and standards or interviews with other federal agents at the scene remains unclear.Samantha Trepel, the Rule of Law program director at States United Democracy Center, criticized the Department of Justice's silence in the face of violent tactics used in immigration enforcement efforts. She noted that previous administrations had conducted independent and thorough investigations of alleged federal officers' excessive force, often bringing in expert investigators and civil rights prosecutors from Washington.Trepel expressed hope that a thorough investigation is underway, but the lack of transparency has raised concerns about the administration's commitment to humane and lawful immigration enforcement.