JD Vance Declares: ICE Agent Has ‘Absolute Immunity’
Vice President JD Vance declared during a White House press conference on Thursday that an ICE agent who fatally shot Minneapolis poet and mother Renee Good is protected by “absolute immunity,” a legal claim that is factually incorrect. Vance asserted that the federal law enforcement official conducting federal law enforcement action cannot be prosecuted, stating the officer “was doing his job” and that Minnesota Governor Tim Walz pursuing charges would be “preposterous.”
Vance’s statement misrepresents the actual legal protections available to federal agents. ICE officers are covered under “Supremacy Clause immunity,” which shields them from state prosecution only when acting within the bounds of their lawful federal duties in a manner that is “necessary and proper,” according to the State Democracy Research Initiative. This protection does not constitute absolute immunity and explicitly does not apply when federal officials act beyond their duties, violate federal law, or behave in an egregious or unwarranted manner.
The legal determination of whether the ICE officer’s use of deadly force was justified has not yet been evaluated in court, meaning any declaration of immunity is premature. Until a court determines whether the shooting fell within the scope of the officer’s official duties and constituted a lawful use of force, claims of protection remain unresolved. Vance’s invocation of “absolute immunity” bypasses this necessary judicial review.
Vance further claimed that Minnesota officials are “encouraging people to commit violence against I.C.E. officials” and characterized state involvement in the investigation as an “unprecedented” overreach. The reporter’s question had addressed the FBI’s decision to exclude Minnesota officials from accessing evidence in the federal investigation, a procedural issue distinct from Vance’s sweeping immunity assertion.