ICE Agents Don’t Have Absolute Immunity

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Vice President Vance , in his talk to the nation, spoke not as a national leader but rather as a partisan. He emphasized that ICE agents are assigned “absolute immunity “ and, therefore, any action perceived to hinder their work is illegal and any action they take is legal.

That is poppycock.

ICE agents are not able to do anything they want with impunity. ICE agents are assigned responsibilities related to matters of immigration and customs. Their presence that fateful morning was due to one of their vehicles getting stuck in the snow. They were not there on any official mission related to either immigration or customs and, therefore, they do not have police powers. They cannot arrest or bark out commands. And they certainly cannot brandish weapons, threaten citizens, or take lives.

Like anyone else, they could have engaged a tow truck if they were really stuck in the snow, and, if they felt intimidated by a gathering crowd, called for the police, who are both trained and empowered to manage crowds. But they didn’t.

ICE agents work for us. They, like Presidents, members of Congress, teachers, and park rangers are employees of the public and that is why they are referred to as “public servants”. As a former Governor, I was honored to be in the employ of the people and, as such, expected to lead by persuasion and intelligence and not force.

The Constitution limits and divides power in order to prevent tyranny or the granting of “absolute immunity”. Because of this, Vice President Vance is absolutely incorrect in his assertion that ICE agents can act with impunity.

What would be most helpful is an official legal opinion from our state’s Attorney General or Hennepin County Attorney, so citizens are clear what ICE actions are legal and which are not legal. Hopefully our public services will provide that to their citizens.

About the Author

Arne Carlson
Arne Carlson
Arne Carlson seved 2 terms as Governor of Minnesota, from 1991 through 1999. From 1970 to 1978, he served in the Minnesota House of Representatives and was floor whip from 1974 to 1978. From 1978 to 1990 he served as state auditor for Minnesota. He was elected governor in 1990 and was reelected in 1994. In 1992, he received the Children’s Champion Award from the Minnesota Defense Fund and he was the only American official to be honored by the Audubon Society for his leadership in water quality issues.

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