What DHS' own rules say on the deadly ICE shooting in Minneapolis
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Secretary of Homeland Security Kristi Noem speaks at a news conference on Jan. 7 in Brownsville, Texas. Photo: Michael Gonzalez/Getty Images
Just hours after an ICE agent fatally shot 37-year-old Renee Nicole Good in Minneapolis, Homeland Security Secretary Kristi Noem said the ICE officer "did exactly what he was taught to do."
Why it matters: The department's own rules for the use of force suggest it's an undecided question whether the officer acted appropriately, and former DHS officials are criticizing anyone who's rushing to judgment.
- "Anyone saying right now that they know exactly what happened is absolutely wrong," one former department official told Axios. "I don't care who it is, because it's not gone through an investigation."
- "It'd be unprofessional to comment on what I think happened in that situation," border czar Tom Homan, a former ICE director, said to CBS News. "Let the investigation play out and hold people accountable based on the investigation."
Zoom in: A DHS "Use of Force" policy memo from 2018 explains the department's procedures in more detail.
- Law enforcement officers (LEO) can use deadly force when they have "a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the LEO or to another person."
- "Deadly force shall not be used solely to prevent the escape of a fleeing subject," the memo says. The guidance allows deadly force when: A) The person in the vehicle is "using or imminently threatening deadly force by means other than the vehicle"; or B) The vehicle is being driven in a way that's an immediate threat and no other objectively reasonable defensive option exists."
- "DHS LEOs are prohibited from discharging firearms at the operator of a moving vehicle," according to the memo, except in justified deadly force situations.
The big picture: Federal law enforcement officers have "federal immunity" when carrying out their official duties.
- But states "can and do prosecute federal officials" when they break state law and their actions aren't authorized by federal law, said Bryna Godar, a staff attorney for the State Democracy Research Initiative at the University of Wisconsin Law School.
What they're saying: "Our officer followed his training and did exactly what he was taught to do in that situation and took actions to defend himself and defend his fellow law enforcement officers," Noem said at a press conference after the shooting.
- Noem also said that Good was "harassing and impeding law enforcement operations."
What's next: This kind of use of force immediately starts a federal and local investigation by authorities. Typically, it's collaborative.
- But on Thursday, the FBI and U.S. Attorney's Office determined that the Minnesota Bureau of Criminal Apprehension (BCA) should no longer be part of the investigation.
- The BCA is now no longer allowed access to the scene evidence or case materials.
- "We expect the FBI to conduct a thorough and complete investigation and that the full investigative file will be shared with the appropriate prosecutorial authorities at both the state and federal levels," BCA Superintendent Drew Evans said in a statement.
