Vice President JD Vance said on Thursday that an ICE agent involved in a fatal shooting was protected by what he called “absolute immunity.”

The comments were made during a White House press conference.

The case involves the death of Minneapolis poet and mother Renee Good. She was shot and killed by an Immigration and Customs Enforcement agent.

A reporter asked Vance about the FBI limiting access to the investigation. The question referenced Minnesota officials being excluded from parts of the case.

“The head of Minnesota’s investigation agencies says the U.S. Attorney’s Office has essentially cut off the state investigation agencies’ access,” the reporter said. The reporter asked about precedent for that decision.

Vance responded that the situation was a federal matter. He said the agent was acting as a federal law enforcement officer.

“The precedent is very simple,” Vance said. He said a federal officer conducting federal law enforcement is a federal issue.

“He is protected by absolute immunity,” Vance added, and said the agent was ‘doing his job’.

Vance criticises state officials

Vance went on to criticise Minnesota Governor Tim Walz and other officials. He said efforts to pursue the case were unreasonable.

“The idea that Tim Walz and a bunch of radicals are going to go after, and make this guy’s life miserable is preposterous,” Vance said. He said the agent was performing assigned duties.

He said the idea of local officials prosecuting a federal officer was unprecedented. Vance said any such case would be dismissed by a judge.

Vance also accused some Minnesota officials of encouraging violence against ICE agents. He said that behaviour needed to stop.

He said Minnesota should focus on what he described as the real issue, however did not provide further detail beyond those claims.

Legal experts dispute ‘absolute immunity’ claim

ICE officers do not have what is known as absolute immunity under the law. They are covered by what is called Supremacy Clause immunity.

Supremacy Clause immunity can protect federal officers from state prosecution. That protection applies only when officers act within their lawful federal duties.

The State Democracy Research Initiative has outlined how the doctrine works. It says the protection applies only when actions are “necessary and proper.”

The group says federal officials can still face state charges in certain situations. This can happen if they act beyond the scope of their duties.

It can also apply if they violate federal law or behave in an egregious or unwarranted manner. In those cases, state prosecutions may proceed.

The shooting of Renee Good has not yet been reviewed in court. A judge has not yet ruled on whether the agent’s actions were justified.

Because that legal evaluation has not happened, it has not been determined whether the agent was acting within lawful duties. As a result, claims of immunity have not been formally established.

Legal experts say any declaration of immunity at this stage is premature. The outcome depends on how the facts are assessed in court.