Press Releases

Washington, D.C. – Congresswoman Mary Gay Scanlon (PA-05), Ranking Member of the Judiciary Committee’s Subcommittee on the Constitution and Limited Government, today introduced the No Special Immunity for Violating Our State Laws Act, legislation to ensure that states don’t have to fight through legal roadblocks to prosecute appalling criminal actions by ICE or other rogue federal agents. 

The Trump administration has unleashed masked and armed federal immigration forces onto American streets to terrorize communities with dangerous and unlawful tactics. Rogue agents have seriously injured people across the country, and left Americans dead in Minnesota and Texas. In the aftermath of these events, administration officials have tried to evade accountability by withholding evidence, promoting disinformation, and blocking investigations. For example, after blocking state officials from investigating the shooting of Renee Good, ICE reinstated the agent who shot and killed her. No matter where in America this administration targets, it’s clear that everyone’s rights are at stake. That’s why state and local officials need to be able to challenge such federal abuses. 

Contrary to White House claims (especially by Stephen Miller and Vice President Vance), ICE agents don’t have absolute immunity from state criminal prosecution under the law. However, a legal doctrine known as “supremacy clause immunity” can make state prosecutions of federal officers difficult to pursue. If state prosecutors bring charges, they are likely to face a drawn-out battle to overcome claims of federal immunity before even getting to trial. These procedural barriers can take years to resolve or even cause courts to dismiss charges on the basis of federal immunity.  

“If violent federal immigration agents descend on our neighborhoods and break our state laws, they must be held accountable,” said Rep. Scanlon. “We need to make clear that immunity claims can’t be used to block a state’s ability to protect the people who live within its borders, including by prosecuting outrageous misconduct by federal agents.” 

The No Special Immunity for Violating Our State Laws Act would ensure that any person engaged in immigration enforcement who kills or seriously injures another person cannot claim immunity from state criminal prosecution. That means states will have a clearer, quicker path to ensuring justice and holding accountable unrestrained federal forces that try to wreak havoc on our communities. 

Find the full bill text here. 

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