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‘To Be Clear,’ Contrary to Vance’s Claims, ICE Agents Do Not Have ‘Absolute Immunity,’ Say Legal Experts
"Just so you all understand what our vice tyrant is saying here this means ICE is allowed to shoot and kill Americans with ZERO consequences," said one advocate.
Jan 09, 2026
When Vice President JD Vance told reporters at a press briefing Thursday that Jonathan Ross, the federal immigration agent who was filmed fatally shooting Renee Good in Minneapolis, has "absolute immunity," he was not referring to any recognized statute in United States law, according to legal experts.
Instead, said Human Rights Campaign press secretary Brandon Wolf, "masked federal agents who can gun people down with 'absolute immunity' is called fascism."
Vance addressed reporters at the White House the day after Good was fatally shot at close range while serving as a legal observer of US Immigration and Customs Enforcement's (ICE) surge of federal agents in Minneapolis, where the Trump administration is targeting members of the Somali community in particular.
Widely available footage taken by onlookers shows ICE agents including Ross approaching the car and, according to at least one witness, giving her conflicting instructions, with one ordering her to leave the area and another telling her to get out of the car. The wheel of Good's car was seen turning as she began to drive away, just before Ross fired his weapon at least three times.
President Donald Trump, Homeland Security Secretary Kristi Noem, and Vance immediately blamed Good for her death, saying she had committed an act of domestic terrorism and had tried to run Ross over with her car.
Vance doubled down on Thursday when a reporter asked him why state officials in Minnesota were being cut off from investigating Good's death—a fact that has left the Minnesota Bureau of Criminal Apprehension, which had been planning to launch a probe, with few tools to bring a case to prosecutors.
The vice president said Minnesota prosecutors should instead investigate people who "are using their vehicles and other means" to interfere with ICE's operations before claiming that Ross is protected from being held accountable for his actions.
"That guy's protected by absolute immunity," said Vance. "He was doing his job. The idea that [Minnesota Gov.] Tim Walz and a bunch of radicals in Minneapolis are going to go after him and make this guy's life miserable because he was doing the job that he was asked to do is preposterous."
Vance: He is protected by absolute immunity. He was doing his job. The idea that Tim Walz and a bunch of radicals are going to go after him and make his life miserable because he was doing the job that he was asked to do is preposterous. pic.twitter.com/AfwpFvhLsC
— Acyn (@Acyn) January 8, 2026
Robert Bennett, a veteran lawyer in Minneapolis, told Mother Jones that he has worked on hundreds of cases regarding federal law enforcement misconduct.
"I’ve deposed thousands of police officers,” he said. “ICE agents do not have absolute immunity.”
He continued:
There’s plenty of case law that allows for the prosecution of federal law enforcement agencies, including ICE. And it’s clear under the law that a federal officer who shoots somebody in Minnesota and kills them is subject to a Minnesota investigation and Minnesota law.
Mary Moriarty, the Hennepin County attorney, whose jurisdiction includes Minneapolis, appeared incredulous Friday when asked about Vance's claim.
"I can't speak to why the Trump administration is doing what it's doing or says what it says," she told a reporter before adding unequivocally, "the ICE officer does not have complete immunity here."
Q: Is this ICE officer immune to charges?
HENNEPIN COUNTY ATTORNEY MORIARTY: I can't speak to why the Trump administration says what it says. I can say the ICE officer does not have complete immunity here. pic.twitter.com/N2ThNOun6w
— Aaron Rupar (@atrupar) January 9, 2026
Constitutional law expert Michael J.Z. Mannheimer of Northern Kentucky University told CNN that more than a century of legal precedent has shown that state prosecutors can file charges against federal officials for actions they take while completing their official duties.
“The idea that a federal agent has absolute immunity for crimes they commit on the job is absolutely ridiculous,” Mannheimer said.
Should the state take up the case, Ross could attempt to raise an immunity argument if he were able to move the case to a federal court, where a judge would then conduct a two-part analysis—determining whether Ross was acting in his official capacity and whether his action was "reasonable" considering all the facts on the ground, gathered from video evidence and eyewitness testimony.
While holding Ross accountable may be an uphill battle, former federal prosecutor Timothy Sini told CNN, "officers are not entitled to absolute immunity as a matter of law," contrary to Vance's claim.
Gun control advocate David Hogg called the vice president's comments "insanely dangerous."
"Just so you all understand what our vice tyrant is saying here this means ICE is allowed to shoot and kill Americans with ZERO consequences," said Hogg. "It’s important to note that absolute immunity is something that basically no cop gets. It goes even beyond qualified immunity."
Police officers are typically shielded from liability for civil damages by qualified immunity, provided they can prove their actions did not violate "clearly established" constitutional rights. "Absolute immunity" is typically applied to judges, prosecutors, and legislators who are acting within their official duties.
On Friday, US Reps. Dan Goldman (D-NY) and Eric Swalwell (D-Calif.) announced they would introduce a bill aimed at stripping ICE officers of qualified immunity.
Goldman noted that under current law, it would be difficult to prosecute an ICE agent because the legal standard "allows for the officer’s own view to carry a lot of weight.”
"So what this bill does is only for civil enforcement officers—not criminal enforcement officers who are dealing with real bad guys, not moms driving cars—it would say that it’s an objective test,” he said on a podcast by the New Republic. “And if you are acting completely outside of your duties and responsibilities, you don’t have immunity from a civil lawsuit, and you don’t have a defense from a criminal charge.”
Goldman added that the bill would make clear that ICE agents' "only authority is to investigate and civilly arrest immigrants for immigration violations."
“And so they should have never been in the situation they were in, where they were trying to take a woman out of a car," he said. "That was not part of what they should be doing. They could ask her to move if they needed to. It doesn’t look like from the video that she was doing anything that was obstructing them.”
Minneapolis Mayor Jacob Frey, who has expressed outrage over Good's killing and demanded that ICE leave the city immediately, called Vance's claims about absolute immunity "pretty bizarre" and "extremely concerning" in comments to reporters on Friday, and called on the press to "get to a point where we're not trusting everything that [administration officials] are saying."
"That's not true in any law school in America, whether it's Yale or Villanova or anywhere else," said Frey. "That's not true. If you break the law, if you do things that are outside the outside the area of what your job responsibilities require, and this clearly seems to be at the very least, at the very least, this is gray... This is a problem and it should be investigated."
Frey: I think he also asserted that because you work at the federal government that you somehow have absolute immunity from committing crimes. That's not true in any law school in America, whether it's Yale or Villanova or anywhere else. That's not true pic.twitter.com/kqEwYdeVMI
— Acyn (@Acyn) January 9, 2026
Vance's comments, said political scientist Norman Ornstein, made clear that "we are in a police state."
"The notion expressed by Trump, Vance and Noem that there is absolute immunity for a cold blooded murder if it’s carried out by one of their agents is the final straw," he said. "If we do not turn this around, we are done for as a free society and a decent country."
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Jeffries Draws Progressive Ire for Backing Schumer as 'Effective' Leader
"When guys like Jeffries and Schumer say 'effective' they're talking about effectively flattering large-dollar donors," said one critic.
Nov 10, 2025
Progressive anger and calls for primary challenges followed House Minority Leader Hakeem Jeffries' Monday endorsement of top Senate Democrat Chuck Schumer—under whose leadership numerous Democratic lawmakers caved to Republicans to pave the way to ending the government shutdown without winning any meaningful concessions.
As progressives demanded the resignation or ouster of Schumer (D-NY), Jeffries (D-NY) was asked during a press conference whether the 74-year-old senator is effective and whether he should remain as the upper chamber's minority leader.
"Yes and yes," replied Jeffries. "As I've indicated, listen, Leader Schumer and Senate Democrats over the last seven weeks have waged a valiant fight on behalf of the American people."
"I don't think that the House Democratic Caucus is prepared to support a promise, a wing and a prayer, from folks who have been devastating the healthcare of the American people for years," he said.
Asked if he thinks Schumer is effective and should keep his job, Hakeem Jeffries replies: "Yes and yes."
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— Ken Klippenstein (@kenklippenstein.bsky.social) November 10, 2025 at 2:07 PM
Both Schumer and Jeffries say they will vote "no" on the the GOP bill to end the shutdown.
Activist and former Democratic National Committee Co-Vice Chair David Hogg said on social media that Schumer's "number one job is to control his caucus," and "he can't do that."
Eight members of the Senate Democratic caucus—Catherine Cortez Masto (Nev.), Dick Durbin (Ill.), John Fetterman (Pa.), Maggie Hassan (NH), Tim Kaine (Va.), Angus King (I-Maine), Jacky Rosen (Nev.), and Jeanne Shaheen (NH)—enabled their Republican colleagues to secure the 60 votes needed for a cloture vote to advance legislation to end the shutdown.
Critics say the proposal does nothing to spare Americans from soaring healthcare premiums unleashed in the One Big Beautiful Bill Act signed by President Donald Trump in July.
"Standing up to a tyrant—who is willing to impose pain as leverage to compel loyalty or acquiescence—is hard," Sen. Chris Murphy (D-Conn.) said Monday. "You can convince yourself that yielding stops the pain and brings you back to 'normal.' But there is no 'normal.' Submission emboldens the tyrant. The threat grows."
Rep. Ro Khanna (D-Calif.) said on X: "Sen. Schumer is no longer effective and should be replaced. If you can’t lead the fight to stop healthcare premiums from skyrocketing for Americans, what will you fight for?"
New York City Councilman Chi Ossé (D-36)—who on Sunday said that Schumer and Senate Democrats "failed Americans" by capitulating to "MAGA fascists"—laughed off Jeffries' ringing endorsement of Schumer's leadership.
Former Democratic Ohio state Sen. Nina Turner called Jeffries and Schumer "controlled opposition" while demanding that they both "step down."
The progressive political action group Our Revolution published a survey last week showing overwhelming grassroots support for running primary challenges to Schumer and Jeffries. The poll revealed that 90% of respondents want Schumer to step down as leader, while 92% would support a primary challenge against him when he’s next up for reelection in 2028. Meanwhile, 70% of respondents said Jeffries should step aside, with 77% backing a primary challenge.
Turner also called for a ban on corporate money in politics and ousting "corporate politicians."
Left Reckoning podcast host Matt Lech said on X that "when guys like Jeffries and Schumer say 'effective' they're talking about effectively flattering large-dollar donors."
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David Hogg Says Any Democrat Who Supports War With Iran 'Should Be Primaried'
"Our generation grew up going through two multi-trillion dollar wars we should have never been involved in," said the youth organizer recently ousted by the DNC. "If you think this is a good idea read a history book."
Jun 17, 2025
With just a handful of Democratic lawmakers so far backing a push to prevent an overwhelmingly unpopular march to war with Iran, progressive organizer David Hogg on Tuesday said those who don't align themselves with the vast majority of Americans on the issue should face primary challenges in upcoming elections.
"Any Democrat who supports this war with Iran needs to be primaried," said Hogg, a gun control activist who briefly served as co-vice chair of the Democratic National Committee and angered leaders by pushing for primary challenges. "Our generation grew up going through two multi-trillion dollar wars we should have never been involved in. We are not fucking going back to that. If you think this is a good idea read a history book."
Hogg's comments came days after Israel launched sweeping attacks on Iran amid U.S.-Iran talks on the Middle Eastern country's nuclear development.
At least 224 people have been killed and 1,481 wounded since the Israel Defense Forces (IDF) began launching air strikes on hundreds of targets last Friday, including nuclear facilities and the Islamic Republic of Iran Broadcasting headquarters.
U.S. President Donald Trump said Sunday that American forces "could get involved" in the conflict between the two countries, and the U.S. military has already had "full and complete coordination" with the IDF, as one Israeli official said after the bombing campaign began in Iran last week, with American fighter jets reportedly "patrolling the sky" in the Middle East and dozens of Air Force refueling planes headed for Europe over the weekend.
The reports intensified concerns among progressives of more direct U.S. involvement in the conflict, and led to renewed calls for the Trump administration to end its support for Israel as the IDF also continued its U.S.-backed slaughter of Palestinians in Gaza.
As Common Dreams reported Monday, U.S. Sen. Tim Kaine (D-Va.) introduced a war powers resolution to stop Trump from attacking Iran without congressional approval.
The resistance to war with the Middle Eastern country has bipartisan backing, with Rep. Thomas Massie (R-Ky.) introducing a similar resolution in the House and garnering the support of progressive Reps. Alexandria Ocasio-Cortez (D-N.Y.), Ro Khanna (D-Calif.), Rashida Tlaib (D-Mich.), Ilhan Omar (D-Minn.), and Don Beyer (D-Va.).
Zeteo reporter Prem Thakker said Monday evening that just over 2% of members of Congress have backed legislative efforts to stop the U.S. from expanding its involvement in Israel's bombardment of Iran—even as a Brookings Institution poll showed that more than two-thirds of Americans back diplomatic talks to limit Iran's nuclear program and just 14% of Americans support military action to stop Iranian nuclear development.
At the Center for International Policy, executive vice president Matt Duss said Israeli Prime Minister Benjamin Netanyahu was clearly starting a "war of choice" with Iran "to sabotage diplomacy" regarding its nuclear program after having pushed Trump to "make the terrible mistake" of withdrawing from the 2015 Iran nuclear deal.
"Netanyahu has now outmaneuvered him to the severe detriment of U.S. interests and put American military and diplomatic personnel in harm’s way," said Duss. "Responsible lawmakers who prioritize American safety and security are rightly speaking out against Netanyahu’s irresponsible provocation, reflecting the views of an overwhelming majority of Americans who favor diplomacy over war to restrain Iran’s nuclear activities."
"Immediately ending this violence and finding a path back to viable negotiations should be the guiding priority for the U.S. government, rather than belligerent rhetoric and the continued supply of offensive weapons that enables yet another horrific conflict endangering millions," he added.
Lily Greenberg Call, a former Interior Department official who was appointed by former President Joe Biden but resigned in protest of his administration's support for Israel's assault on Gaza, condemned Democratic leaders for their "shameful fucking silence" on potential war with Iran.
"Most Americans, including their base, don't want the U.S. under Trump to go to war with Iran and have been horrified at almost two years of footage of murder in Gaza," said Greenberg Call. "We won't accept this and we won't forget in '26 and '28."
Hogg demanded that Democrats unite "against Trump and his war" and pointed out that lawmakers from both sides of the aisle regularly claim that broadly popular proposals for investments in effective programs like Medicare for All and universal childcare are unaffordable.
"Where are all the 'we can't afford it' politicians," asked Hogg, "now that we're on the brink of what could be another multi-trillion dollar war?"
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