ICE Shooting in Minnesota Raises Rare Legal Questions
Wall Street Journal
January 9, 2026
A federal immigration agent’s fatal shooting of a woman in Minneapolis has spurred deeply diverging narratives of who is to blame.
The incident also has created an unusual rift between federal and local law enforcers, raising questions about whether, and how, Minnesota officials might seek to prosecute the agent over a shooting they say was unjustified. And it has renewed questions about Trump’s aggressive deportation agenda and the surge of ICE agents into the streets of American cities.
Here’s what to know about the shooting and potential next steps.
When does the lethal use of force cross legal lines?
To use lethal force, an officer has to have a “reasonable apprehension” of an “imminent threat” of serious bodily harm or death being imposed against the officer or someone else, said Phil Stinson, a Bowling Green State University criminologist who studies police misconduct.
The ICE agent’s actions raised questions about whether the incident was a case of “officer-created jeopardy,” where the law enforcement officer put himself in a position of danger and then felt the need to use force, said Geoffrey Alpert, a University of South Carolina criminal justice professor.
Investigators—or a jury—would look at the totality of the circumstances surrounding the shooting, not just the video, to determine whether the officer was reasonable in his belief that the driver he shot posed an imminent threat.
“We have a lot of video material to look at, but I always caution people that video isn’t everything,” said University of Chicago law professor Sharon Fairley. “They’re also going to look at other pieces of evidence and aspects of the situation that may not be reflected on the video. It’s going to be a tough question to answer.”
Could Minnesota prosecutors file criminal charges against the federal officer?
Law enforcement officers are prosecuted occasionally for excessive use of force, but it is typically local cops being charged by local prosecutors. Legal observers say it would be rare, though not unprecedented, for local and state leaders to look to prosecute a federal officer over the objections of the federal government.
One prominent example came after the 1992 Ruby Ridge standoff, when the Justice Department decided not to prosecute an FBI sniper who fatally shot the wife of white separatist Randy Weaver. Idaho prosecutors did charge the sniper, and a federal appeals court allowed the case to proceed, but a newly elected prosecutor in Idaho instead chose to drop the charges.
“States can prosecute federal officials when they violate state criminal laws,” said Bryna Godar, staff attorney at the State Democracy Research Initiative at the University of Wisconsin Law School.
If a state or county prosecutor brings charges, a federal officer could seek to move the case into a federal court, but the matter would still involve an alleged state crime, meaning that any conviction couldn’t be pardoned by the president, Godar said.
January 9, 2026
A federal immigration agent’s fatal shooting of a woman in Minneapolis has spurred deeply diverging narratives of who is to blame.
The incident also has created an unusual rift between federal and local law enforcers, raising questions about whether, and how, Minnesota officials might seek to prosecute the agent over a shooting they say was unjustified. And it has renewed questions about Trump’s aggressive deportation agenda and the surge of ICE agents into the streets of American cities.
Here’s what to know about the shooting and potential next steps.
When does the lethal use of force cross legal lines?
To use lethal force, an officer has to have a “reasonable apprehension” of an “imminent threat” of serious bodily harm or death being imposed against the officer or someone else, said Phil Stinson, a Bowling Green State University criminologist who studies police misconduct.
The ICE agent’s actions raised questions about whether the incident was a case of “officer-created jeopardy,” where the law enforcement officer put himself in a position of danger and then felt the need to use force, said Geoffrey Alpert, a University of South Carolina criminal justice professor.
Investigators—or a jury—would look at the totality of the circumstances surrounding the shooting, not just the video, to determine whether the officer was reasonable in his belief that the driver he shot posed an imminent threat.
“We have a lot of video material to look at, but I always caution people that video isn’t everything,” said University of Chicago law professor Sharon Fairley. “They’re also going to look at other pieces of evidence and aspects of the situation that may not be reflected on the video. It’s going to be a tough question to answer.”
Could Minnesota prosecutors file criminal charges against the federal officer?
Law enforcement officers are prosecuted occasionally for excessive use of force, but it is typically local cops being charged by local prosecutors. Legal observers say it would be rare, though not unprecedented, for local and state leaders to look to prosecute a federal officer over the objections of the federal government.
One prominent example came after the 1992 Ruby Ridge standoff, when the Justice Department decided not to prosecute an FBI sniper who fatally shot the wife of white separatist Randy Weaver. Idaho prosecutors did charge the sniper, and a federal appeals court allowed the case to proceed, but a newly elected prosecutor in Idaho instead chose to drop the charges.
“States can prosecute federal officials when they violate state criminal laws,” said Bryna Godar, staff attorney at the State Democracy Research Initiative at the University of Wisconsin Law School.
If a state or county prosecutor brings charges, a federal officer could seek to move the case into a federal court, but the matter would still involve an alleged state crime, meaning that any conviction couldn’t be pardoned by the president, Godar said.
