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Legal Experts Debate Charges for ICE Agents After Minneapolis Shootings of Good and Pretti

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ICE agents Renée Good and Alex Pretti killed in separate Minneapolis incidents In early January 2026, 37‑year‑old Renée Good was shot in the face as she turned her SUV and drove away; weeks later, Alex Pretti was shot while kneeling, unarmed, on the same street [1]. Both agents were identified as ICE officers, and DHS subsequently labeled each victim a “domestic terrorist” despite video evidence that contradicts the agency’s narrative [1]. The incidents have ignited nationwide scrutiny of ICE’s use‑of‑force protocols and the legal status of its officers [1].

DHS defends self‑defense claim and terrorist designations DHS asserted that Good attempted to run the officer over, prompting the agent to fire from the front passenger side of her vehicle, though the SUV never made contact [1]. In Pretti’s case, officials maintained the shooting was justified despite his kneeling posture and lack of weapon [1]. The department’s labeling of the victims as domestic terrorists has been widely criticized as an attempt to pre‑empt legal accountability [1].

Legal scholars argue agents lack objective reasonableness Professor Bennett Gershman highlighted that Minnesota law permits deadly force only when an objectively reasonable officer would perceive an imminent threat, a standard not met in either shooting [1]. He noted that state prosecutors could bring murder charges, though any trial would likely be moved to federal court for a reasonableness review [1]. The analysis underscores that ICE agents, like other law‑enforcement officers, are entitled only to qualified immunity, not absolute protection from criminal liability [1].

Vice President JD Vance’s absolute‑immunity claim mischaracterized Vance stated that federal agents enjoy “absolute immunity” under the Supremacy Clause, a position Gershman refuted by explaining that qualified immunity applies only when officers act reasonably [1]. Absolute immunity does not shield agents from criminal or civil‑rights prosecutions, contradicting the Vice President’s public assertion [1]. This clarification narrows the legal shield that ICE personnel might otherwise claim [1].

Federal prosecution remains unlikely but not ruled out The Department of Justice has not announced any charges against the agents, reflecting the rarity of federal prosecutions in such cases [1]. While DOJ can pursue charges for reckless violations of law, the high hurdle of overcoming qualified‑immunity protections makes civil suits difficult [1]. Nonetheless, the ongoing legal debate keeps the possibility of federal action on the table [1].

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Timeline

Early Jan 2026 – ICE officer shoots 37‑year‑old Renée Good in Minneapolis after DHS claims she “attempted to run him over,” though video footage shows the SUV never contacts the officer and Good is shot in the face as she drives away [2].

Mid Jan 2026 – Weeks after Good’s death, ICE agent shoots Alex Pretti while he kneels unarmed; DHS labels Pretti a “domestic terrorist” despite the lack of threat evidence [2].

Jan 8, 2026 – Vice President JD Vance tells a White House audience the ICE officer enjoys “absolute immunity” under the Supremacy Clause and predicts a judge will dismiss the case [1].

Jan 8, 2026 – Constitutional‑law scholars counter Vance, explaining that absolute immunity does not exist for federal officers and that state prosecutors could bring charges if warranted [1].

Jan 2026 – Minnesota investigators report that federal officials block them from participating in the Good death probe, forcing the FBI to lead a joint investigation [1].

Jan 2026 – Legal scholar Bennett Gershman argues the evidence allows Minnesota to pursue state murder charges against the ICE agents, though any trial would likely be moved to federal court for an objective‑reasonableness review [2].

Jan 2026 – Experts note that both Minnesota law and ICE policy require “objective reasonableness” for deadly force, meaning judges will examine whether the agents’ belief of danger was reasonable and whether less‑lethal options existed [2].

Jan 2026 – The Department of Justice announces no plans to charge the agents, underscoring that federal prosecution of ICE officers is rare and that qualified‑immunity defenses remain a major hurdle [2].

2026 (future) – Good’s family considers a wrongful‑death lawsuit, but scholars warn that qualified‑immunity barriers could block the claim unless courts find the conduct “egregious” enough to set aside immunity [1].

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