Daily Kos Staff Emeritus (This content is not subject to review by Daily Kos staff prior to publication.)
Wednesday, January 14, 2026 at 2:03:31p EST
Courts provide extraordinary protection to the police. Courts provide extraordinary protection to agents of the federal government. Is it still possible to prosecute ICE agents for assault and murder?
For anyone who has watched the many videos showing ICE agent Jonathan Ross shooting and killing Minnesota mom Renee Nicole Good, the conclusion is obvious: This is murder.
Under ordinary circumstances, the Department of Justice would be investigating this incident, and Ross would be suspended awaiting the outcome of that investigation. But we are nowhere near ordinary circumstances. Instead, Department of Homeland Security Secretary Kristi Noem has labeled Good a “domestic terrorist” and blessed Ross’s shooting without bothering to conduct any review, talk to any witnesses, or apparently watch any of the videos clearly showing that Ross was never under any conceivable threat.
Both Donald Trump and J.D. Vance have issued statements that are completely at odds with what happened on January 7. Noem has also stated that Ross “followed his training protocol” and was justified in his actions.
As far as the White House is concerned, Good is a dead terrorist and Ross is a hero. Fortunately, Noem and Trump don’t have the final say on who gets prosecuted.
Good’s tragedy—a young mother killed for no reason after dropping off her 6-year-old at school—is not a solitary event. Since Trump reentered the White House and began his immigrant pogrom, ICE agents have fired their weapons at civilians at least 16 times. As The Trace notes:
Renee Good was one of four people who have been killed. Another seven people have been injured.
At least 15 other civilians have been held at gunpoint. In addition, ICE has routinely brutalized both protestors and bystanders. That includes incidents such as shooting a priest in the head with pepper balls and teargassing infants.
Every day, ICE agents seem determined to show that they sincerely believe American citizens have no recourse but to submit to their abuse.
What’s most disheartening about all this is that so far … ICE is right. While several agents have been arrested for off-duty crimes, abusive behavior and deadly force have earned only praise from Trump, Noem, Vance, and other Republicans. Attorney General Pam Bondi has taken up none of these cases for review, and Trump has made it clear that he expects Americans to surrender their First Amendment rights … or else.
Q: "Do you believe that deadly force was necessary?"Trump: "It was highly disrespectful of law enforcement. The woman and her friend were highly disrespectful of law enforcement…Law enforcement should not be in a position where they have to put up with this stuff."
But if no one in the Justice Department will stand up for the Constitution—and they won’t—what’s left? Can state and local officials bring a rogue agency to heel?
Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty have announced that they are investigating Good’s death. This is being made much more difficult because the FBI has taken apparently unprecedented action to block access to any evidence collected by federal officers.
Moriarty is soliciting additional videos and statements from witnesses. Ross or other ICE agents do not appear to have been made available to speak to state or county officials. How likely is it that charges will be leveled against Ross, or any of the other ICE agents involved in incidents of deadly force, assault, and abuse? What are the odds of any of them being convicted?
This is seriously difficult to determine.
First, there’s the question of whether or not an ICE agent involved in an immigration raid qualifies as a “peace officer.” It may seem like an obvious question, but relevant case law is pretty thin on the ground. ICE agents are federal officers, but the Venn diagram of their authority doesn’t cover the general enforcement powers of FBI agents or federal marshals. Their training is on immigration enforcement, and doesn’t include general public safety or community policing. They are not agents under the Department of Justice, but facilitators under DHS.
As an employee of ICE, Ross’s role is limited to carrying out immigration arrests. He’s certainly not empowered to stop or arrest people for partially blocking a street for a few minutes. The whole initial basis of the encounter is unjustifiable.
Best guess? No. ICE agents are not “peace officers,” no matter how many times they stencil “POLICE” on their vests. However, in any case against Ross or another ICE agent, the “peace officer” status is likely to draw a fresh review from the courts. That question will get definitively resolved, but probably only after working its way to the Supreme Court.
Even assuming that Ross is a peace officer under Minnesota state law, that doesn’t cut off the chance of prosecution.
In general, to bring charges against any law enforcement officer for using deadly force, the State has to show that the officer’s use of force was not justified. Justification can include any circumstance where the officer is under threat, or others may be under threat without immediate action. This alone is an enormous hurdle, because courts have repeatedly ruled that this doesn’t just protect officers who were genuinely under threat, but also those who felt threatened.
However, in a rare instance of the current Supreme Court not making things worse, last year’s Barnes v. Felix ruling tossed a decision from the hyper-conservative Fifth District. This ruling restricted the circumstances in which an officer can apply deadly force—or, at least, kept those circumstances from ballooning absurdly.
The description of the case by the Cato Institute makes it clear why Barnes may be very relevant to Good’s shooting.
In 2016, Ashtian Barnes was killed by Harris County, Texas, Deputy Constable Roberto Felix, following a traffic stop for unpaid tolls. As Barnes apparently tried to drive away, Felix jumped onto the moving car and indiscriminately opened fire, killing Barnes instantly.
The Fifth Circuit cleared Felix’s actions, writing that in the “moment of threat,” the officer was clearly in danger and was justified in shooting Barnes. However, the Supreme Court reversed that ruling.
Last spring, the Supreme Court unanimously held that a full review of the “totality of the circumstances,” including the nature of the offense and the events leading up to the incident, is relevant to determining the reasonableness of force.
In Barnes, the initial charges were barely sufficient to warrant a traffic stop in the first place, and Felix was under no threat until he placed himself in peril by grabbing onto Barnes’ car. He may have been frightened in the moment, and for the Fifth Circuit, that was enough, but in the totality of circumstances, it’s not enough.
That “totality of circumstances” requirement also happens to align with Minnesota law.
The circumstances in Barnes seem to almost perfectly overlap with what happened with Renee Good. As multiple videos have shown, Good’s car had only partially obstructed a residential street for a handful of minutes. Other vehicles were still getting by. She was already in the process of moving completely out of the way when Ross and other ICE agents approached the car, and would have been gone had she not stopped to wave another vehicle to pull around her. Her last exchange with Ross was, at worst, snarky, but non-confrontational and contained no threats.
It’s hard to believe that an actual police officer, authorized to deal with traffic situations, would have retained Good.
Assuming Ross was in front of her vehicle at all, he was only there because he violated DHS procedures by placing himself in front of the vehicle after Good was already attempting to leave the area. Good was traveling at low speed, was turned away from Ross and other officers, and had barely begun to move when Ross opened fire.
Good’s offense, if any, was minor. The threat against Ross, if any, was of his own making. The totality of circumstances in this case is not in Ross’s favor. That’s especially true of additional shots he fired at Good from beside or behind the vehicle. There are no reasonable grounds for these shots.
Hennepin County police, like those in many other jurisdictions, are actually forbidden from shooting into a moving vehicle in any circumstance. under the very reasonable understanding that a vehicle in motion doesn’t automatically stop if the driver is dead. The DHS issues these same guidelines to its agents.
This doesn’t mean that a Grand Jury might not still determine that Ross had a reason for his action. The number of cases in which officers have walked away from the use of deadly force seems almost limitless.
Another potential complication comes from the discovery that this is not the first time Ross has been involved in an incident with a car. Federal court records show that last June, Ross approached a car driven by a Guatemalan man, Roberto Carlos Muñoz, and attempted to apprehend him.
According to court testimony, Ross arrived in an unmarked vehicle, approached Muñoz, and ordered him to exit his car. When Muñoz didn’t respond, Ross punched through the side window and attempted to wrest control of the car. Muñoz responded by hitting the gas. As NBC News reported, Ross claimed to have used a taser in an attempt to stop Muñoz.
“I was yelling at him to stop,” Ross testified of Robert Muñoz-Guatemala, who was found guilty last month of assault on a federal officer with a dangerous or deadly weapon. “Over and over and over again at the top of my lungs.”
Ross said in his testimony that he feared for his life and fired his Taser repeatedly at Muñoz-Guatemala.
“It didn’t appear that it affected him at all,” Ross said.
“That very ICE officer nearly had his life ended, dragged by a car six months ago with 30 stitches in his leg, so he’s a little sensitive about being rammed by an automobile,” Vance said at the White House on Jan. 8.
However, what this testimony actually shows is that Ross already had a history of dealing poorly with people inside vehicles and of violating DHS guidelines. He either didn’t know how to properly and safely deal with such a situation or deliberately ignored the rules. If he was truthful in his claim that he attempted to use a taser in the earlier incident, this also shows an agent primed to skip over any attempt at non-lethal force and go straight for his gun.
Videos show that Ross pulled his gun before Good had begun to move forward, and fired even as he was still holding up his phone in his other hand. This could indicate that he was traumatized, or simply infuriated, by the earlier incident. In effect, he was primed to kill Good as retribution for the perceived wrong he had suffered from Muñoz.
In addition to murder, there are additional charges that could be levied against both Ross and other ICE agents on the scene—and these charges apply equally to peace officers and civilians.
Videos show that ICE agents refused to allow a doctor who was on the scene to approach the vehicle and blocked ambulance access to the area. Both of these are felony violations of Minnesota law with penalties up to five years imprisonment. If Good’s death was found to be connected to the delay of treatment, all involved could face additional charges of manslaughter.
However, there’s still one more hill to climb before charging Ross, and it’s a steep one.
Whether or not Ross is a peace officer, he certainly is a federal agent. Vance and others have claimed this gives him “absolute immunity” from state prosecution.
This is, in legal terms, utter bullshit.
Federal officers are broadly immune from state prosecution for taking actions specifically authorized by federal law in a case that goes back to an 1890 incident in which a federal agent shot a man who was threatening a member of the Supreme Court.
Neagle established a two-prong test for this type of immunity from state criminal law: (1) Was the officer performing an act that federal law authorized him to perform? (2) Were his actions necessary and proper to fulfilling his federal duties? If the federal officer satisfies this test, he or she is immune from prosecution for violation of state law.
The DOJ would certainly argue that Ross was acting to perform his duties as an ICE agent. Any State prosecution would need to show that Ross’s actions were excessive or unjustified.
This could be much harder than getting past the leeway given to police use of deadly force. Like the question of whether or not an ICE agent is a peace officer, there are few recent cases to reference, especially when it comes to an agent who was on duty. In short, States simply haven’t done much to test the immunity of federal officers, even when those officers have performed unnecessary acts of violence.
The murder of Good was clearly not required to enable the immigration enforcement actions of the ICE officers. That doesn’t mean a judge, jury, or federal court might not see a way to grant Ross his magic get-out-of-everything card.
Is Ross a peace officer? Probably not. Was this a justified shooting? No. Can he be prosecuted? Yes.
Will those charges survive federal challenges? Let’s find out.
it has been reported that after tRump and Walz talked that tRump is willing to have the FBI cooperate and work with local law enforcement on the shooting investigation. But will the Stephen Miller / Kash Patel group really do what tRump wants or will they mess everything up for the local officials to prevent them from pressing charges. Hugs
The Minnesota Bureau of Criminal Apprehension was refused access to evidence regarding Alex Pretti’s killing by Border Patrol officers — despite a signed judicial warrant.
Minnesota officials said they were denied access to the scene where Alex Pretti, a 37-year old intensive care unit nurse at the Department of Veterans Affairs, was shot by Customs and Border Patrol officers in Minneapolis on Saturday.
Pretti’s killing marks the second fatality of a U.S. citizen — in the same city, and in less than three weeks — as the Trump administration conducts a brutal immigration crackdown operation in Minnesota, despite objections from state and local officials.
Minnesota Gov. Tim Walz said on Saturday morning that “the federal government cannot be trusted to lead this investigation. The state will handle it, period.”
The state’s Bureau of Criminal Apprehension’s Force Investigations Unit, which was created in 2020 by the state legislature, typically leads the charge when looking into use-of-force incidents involving law enforcement officers. But in Pretti’s case, the agency was blocked from accessing evidence by federal officials.
“We’re in uncharted territory here. It’s been a longstanding understanding – both in our state and across the country – that entities like the BCA that conduct 80 plus percent of officer-involved shootings investigations across the United States, are asked to do these investigations of federal agents involved in officer involved shootings,” BCA Superintendent Drew Evans said in a Saturday press conference. “There certainly can be a new process going forward if the federal government would like to do that, and federal agencies, but that has not been a discussion that’s been had so that we can provide clear understanding to citizens.”
The BCA was also eventually blocked from investigating the Jan. 7 killing of Renee Good by an ICE officer.
Unlike in Good’s case, state officials obtained a signed judicial warrant to allow them access to materials needed to conduct their own investigation into Pretti’s killing. Still, Department of Homeland Security officials denied them access, and the investigation is now solely being led by the DHS.
Evans said that without cooperation and access to evidence, it will be difficult to conduct a thorough investigation. The BCA has offered to share everything obtained in its investigation, but has not heard back from federal officials in charge.
The DHS did not immediately respond to MS NOW’s request for comment about the BCA’s request.
Meanwhile, Hennepin County Attorney Mary Moriarty said that her office is conducting an investigation separately from the federal government, adding that “there is other evidence other than what was taken here by federal agents.”
“It’s really important for us to collect as much as we can,” Moriarty told MS NOW, underscoring that state and local officials also have jurisdiction.
Minnesota Attorney General Keith Ellison filed a lawsuit on Saturday on behalf of the Hennepin County Attorney’s office and the BCA to prevent the destruction of any evidence in the Pretti shooting. Hours later, a federal judge granted a temporary restraining order, directing federal agencies to preserve and not alter any evidence collected.
In a statement to MS NOW, Assistant Secretary Tricia McLaughlin said that “any claim that the federal government would ‘destroy’ evidence is a ridiculous attempt to divide the American people and distract from the fact that our law enforcement officers were attacked — and their lives were threatened — yesterday. We are actively investigating this matter and will continue to do so as we do for any officer involved shooting. DHS eagerly awaits any effort from Minnesota to help our officers arrest criminal aliens in the meantime.”
David Noriega contributed reporting to this article.
Bash asks him straight out if Pretti had brandished his gun and Gregory Bovino dodges the question instead falling back to the talking points that they have all decided looks good for them. They claim he was interfering, nope he was filming them with his phone. They did not like that and attacked him for doing it. They killed a person in anger for that person filming their illegal actions. They want to be called police and pretend they have police powers but watch the videos again, one ICE thug lunges at a woman knocking her back and down for no reason except he wanted to feel tough and Pretti was trying to help her when another ICE thug peeper sprays him in the face at point blank range. Remember that at that close it can stop the breathing. Then they dog pile on him beating him while on officer steals his lawful gun. Then they shoot him repeatedly. Bovino wants to pretend that anyone filming ICE is interfering. He keeps saying ICE police and police action but that is not true ICE has no police powers. It is all lies to protect their need to remove nonwhites while he keeps saying they were there for a violent offender but they don’t say what offender, and then Bovino calls him a suspect and saying that just being there he was interfering. It makes no sense what he is saying. Well worth her questioning him to see how he shifts and lies. They want people to disappear and obey like, the victim he claims are the ICE thugs there. Damn. And they don’t want people to believe their eyes. Hugs
ICE is not following any police procedures or laws. They are disregarding all civil right granted by law or the constitution. ICE white supremacist gang thugs believe they have no restraint or can be held accountable in any way. I see their criminal actions in almost every clip and the way they use their weapons is horribly wrong. I was trained in pepper spray and can tell you that we had to be sprayed to be certified. I can bet none of them did. Because they wouldn’t do it at point-blank range as then it is no longer nonlethal but very lethal. In this clip a woman describes being picked up by ICE and harmed, harassed, taunted, threatened, and she is a citizen. She said ICE had no qualms about detaining her nor harming her. Plus ICE is proudly damaging people’s cars and phones and there is no one to go to for repairment. So the citizen must pay the costs for the ICE thug’s temper tantrums. Land of the free much? Hugs
I am sorry but ICE and DHS / FBI are on a mission to ethnically cleanse the US of non-white people. They feel it is OK to do anything to accomplish that. They are like religious fanatics in that way. Anything for their deity or god, and in this case their god is white supremacy. Nothing may be allowed to come between their goal of a white only US. Just as fanatical Christian hate groups want to cleanse the US of the LGBTQ+ and other religious groups so only their religion is the one people see or can use, the ICE white supremacist only want white people in the US and they want those white people to be obedient to authority, especially the white woman. At this point they will do anything including murder people to get what they desire. If we do not stop them now we will be stuck fighting them in every city and blue state in the US. Notice the claim by the government … does it sound familiar? Hugs
… the federal agency had claimed that two men were inside a van that officials said tried to ram ICE vehicles and run over agents during a Dec. 24 operation in Glen Burnie.
Department of Homeland Security officials have changed their account of last month’s shooting involving ICE agents in Glen Burnie. (U.S. Department of Homeland Security via X)
Department of Homeland Security officials changed their account of last month’s shooting involving ICE agents in Glen Burnie, a day after Anne Arundel County police disagreed with the federal government’s original version of events, according to a Baltimore Banner report.
Until Friday, the federal agency had claimed that two men were inside a van that officials said tried to ram ICE vehicles and run over agents during a Dec. 24 operation in Glen Burnie. Agents opened fire on the van and wounded its driver, identified as Tiago Alexandre Sousa-Martins, an immigrant from Portugal whose U.S. visa expired in 2009. The second man, Salomon Antonio Serrano-Esquivel of El Salvador, was also injured.
However, on Thursday, Anne Arundel County police said Serrano-Esquivel was not in the van during the incident. According to police, he was already in custody in an ICE vehicle.
Following the release of the new details by police, DHS spokesperson Tricia McLaughlin walked back the agency’s claims that Serrano-Esquivel was in the passenger’s seat of Sousa-Martin’s van, according to a statement obtained by the Banner.
Find out what’s happening in Glen Burniefor free with the latest updates from Patch.
On Friday, McLaughlin also said that Serrano-Esquivel was in ICE custody and was injured when Sousa-Martins rammed the ICE vehicle he was in.
According to federal authorities, ICE officers were conducting a targeted operation in Glen Burnie on Christmas Eve when they approached the van driven by Sousa-Martins. Federal officials claimed Sousa-Martins was told to turn off the engine; however, officials said he refused and tried to flee, ramming his van into several federal vehicles and attempting to run officers over.
The officers fired their weapons and hit Sousa-Martins, who crashed the van, according to the Department of Homeland Security’s statement.
The new version of events provided by both federal and local authorities echoed an account given to The Banner shortly after the shooting by an attorney who visited Serrano-Esquivel at the hospital.
Alex Major told the Banner that Serrano-Esquivel, a landscape worker, was pulled over by federal agents along with a family member in Southern Maryland and taken into custody Wednesday morning, hours before he was accused of riding in the van that rammed ICE officers.
A bystander’s video reviewed by The Banner also showed a white van following a crash. Agents removed one man from the vehicle and took him away on a stretcher. In the video, there was no sign of a second man inside the van.
These criminal gang thugs ICE are out of control and unless the police stand up for the public we are not a land of the free and we have no rights. Only might makes rights if that is the case, only those with the guns have rights. They hurt people and destroy property and suffer no consequences. Can a modern nation, a civilized nation survive that? This is shithole drug cartel warlord country. Now ICE will rush into peaceful protestors legally standing where they are allowed, grab one and drag them on to federal property to detain and beat them. Hugs
The video shows a group of protesters standing on the steps of the center, with several chanting and holding signs and one holding a megaphone. An officer then grabbed one of the young demonstrators—who appeared to be standing peacefully—by the arm, and dragged him up the steps.
Immigration and Customs Enforcement (ICE) detain a man on a street during a federal immigration operation, in Indio, California, U.S. December 18, 2025. REUTERS/Daniel Cole TPX IMAGES OF THE DAY
A young protester in Santa Ana is permanently blind in one eye after being hit in the face at close range by a “nonlethal” round fired by a Department of Homeland Security agent last week amid nationwide protests against an immigration agent’s killing of US citizen Renee Good in Minneapolis.
According to a report from the Los Angeles Times on Tuesday, the 21-year-old “underwent six hours of surgery and… doctors found shards of plastic, glass, and metal embedded in his eyes and around his face, including a metal piece lodged 7 mm from a carotid artery.”
His aunt, Jeri Rees, told the Times that doctors feared removing the shrapnel from her nephew’s face, concerned it could kill him, and that he had also suffered a skull fracture around his eyes and nose and had permanently lost vision in his left eye.
The shooting outside the Civic Center Plaza that took his sight on Friday evening was caught on film and has circulated widely on social media, and came hours after an earlier protest, organized by the organization Dare to Struggle, saw hundreds of demonstrators gather in downtown Santa Ana to oppose President Donald Trump’s flooding of US cities with immigration agents.
The video shows a group of protesters standing on the steps of the center, with several chanting and holding signs and one holding a megaphone. An officer then grabbed one of the young demonstrators—who appeared to be standing peacefully—by the arm, and dragged him up the steps.
As he attempted to wrest himself free from the agent’s grip, one of the protesters in the crowd threw an orange traffic cone in the direction of the struggle. This prompted at least one other officer to begin firing their weapons toward the crowd, striking one woman before striking Rees’ nephew in the face, causing him to drop to the ground.
The agent then grabbed him by the hood of his sweatshirt, dragging him across the ground. His face is visibly bloody and he appears to be struggling to breathe as he is dragged away by the neck.
According to the Times, another video shows Rees’ nephew lying bloodied on the ground inside the building while another agent fires pepper balls at another person who approached the building, attempting to film the incident.
While such projectiles are often described as “nonlethal,” Ed Obayashi, the Modoc County sheriff’s deputy and legal adviser to police agencies, told the paper that firing one just feet away from a person’s face “constitutes as deadly force as far as the law is concerned” because “these projectiles can cause serious injury [or] death.”
He added that officers are only supposed to deploy deadly force in situations where they believe their lives are in imminent danger or that they are at risk of grave bodily harm.
Rees said that her nephew told her agents pressed his face into the pool of blood and did not immediately call paramedics. She said her nephew also told her that “the other officers were mocking him, saying, ‘You’re going to lose your eye.’”
“This is an egregious abuse of power,” said Rep. Judy Chu (D-Calif.). “Americans have the right to protest without fear of retaliation or worse. Trump’s violence must stop now.”
Remember the clip I posted of the house invasion yesterday? Well this is the full clip. With no warrant ICE gang thugs broke into the home that had kids in it, stormed the house like they were in a war zone going after enemy combatants, and manhandled the woman and her kids. This is not police behavior, and it is not legal. But what can a person do if twenty heavily armed guys broke into your home? Where are the police who are to be protecting the public from gangs like this. No one knows who these guys are, they could be there to rob someone or rape them. Maybe traffic the kids? Who knows. I am tired of this. These armed criminal gang thugs are not going into bad areas, areas with other gangs, areas that they might be hurt, they are going after suburban parents and homes with kids? Hugs
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