ICE Agent Violence: Accountability, Congress & State Charges
When Federal Agents Cross the Line: Accountability for Immigration Enforcement Violence
By Corey J. Biazzo, Esq., Biazzo Law Government Oversight Program · November 6, 2026
In short: Since January 20, 2025, federal immigration agents have been involved in at least 30 shootings that killed 9 people, by one national count. At least four of the dead were U.S. citizens. Dozens more people, including citizens, children, journalists, and a pastor, have been beaten, run over, or shot with less-lethal rounds. Only a handful of agents have been criminally charged, and those charges came from state and county prosecutors, not the U.S. Department of Justice. The 120th Congress, which convenes January 3, 2027, can investigate, require evidence preservation and body cameras, and give victims a remedy. State prosecutors can bring charges, but they face a hard legal fight over "Supremacy Clause immunity." Every American should care, because a badge that excuses violence against one group will not stay limited to that group.
Key fact | Detail |
Period covered | January 20, 2025 – November 6, 2026 |
Shootings by immigration agents | At least 30, with 9 killed and 13 injured (CBS News, as of Oct. 12, 2026); broader counts list 43 shootings and 11 deaths |
U.S. citizens killed | At least 4: Ruben Ray Martinez, Renee Good, Alex Pretti, Jonah Neal |
Deaths in ICE custody | At least 58 under this administration as of November 2026 |
U.S. citizens injured in raids or protests | More than 170 in the first nine months alone, nearly 20 of them children (ProPublica) |
Agents criminally charged | A few, all by state or county prosecutors, including in Hennepin County, Minnesota, and Harris County, Texas |
Main legal hurdle for states | Supremacy Clause immunity, under In re Neagle (1890) |
Can a President pardon a state conviction? | No. The pardon power reaches only federal offenses |
A note on fairness: Many incidents below are disputed. Where the government's account differs from video or witness accounts, we say so. Allegations are not convictions, and every agent is presumed innocent. Immigration officers do a difficult and sometimes dangerous job, and this post does not claim that most of them act unlawfully. It asks a narrower question: when an agent may have crossed the line, will anyone find out?
What Does the Record Show Since January 2025?
The record shows a pattern of shootings into vehicles, violent takedowns, and deaths during and after enforcement, with official accounts that video has repeatedly called into question. Our summary draws on a compiled list of incidents tied to published sources, including CBS News, Reuters, AP, NPR, ProPublica, and local outlets. ICE is not required to report injuries or deaths that happen during arrests, so the true numbers may be higher.
People killed by agents, including U.S. citizens
Date | Person | Place | What is known | Status |
Jan. 7, 2026 | Renee Good, 37, U.S. citizen, mother of three | Minneapolis, MN | Shot repeatedly in her car; videos show her turning the wheels away from the agent. Ruled a homicide | No charges. DOJ halted its investigation, and at least six federal prosecutors resigned. Hennepin County is investigating |
Jan. 24, 2026 | Alex Pretti, 37, U.S. citizen, VA ICU nurse | Minneapolis, MN | Pinned on a sidewalk while helping a pepper-sprayed woman; agents removed a gun from his waist, then fired about 10 shots | No charges. State still waiting for agents' phones and firearms |
May 20, 2026 | Jonah Neal, 25, U.S. citizen | Memphis, TN | His mother called 911 for a mental-health crisis; an agent shot him minutes after arriving. Ruled a homicide | Tennessee Bureau of Investigation probe ongoing |
July 7, 2026 | Lorenzo Salgado Araujo | Houston, TX | Shot during a stop; DHS later said he was not the person agents were seeking | FBI and DHS Inspector General investigating |
July 13, 2026 | Johan Sebastián Durán Guerrero, authorized to work | Biddeford, ME | Witnesses say agents rammed his car and shot through the windshield; DHS said he was not the target | Maine Attorney General investigating |
Mar. 15, 2025 | Ruben Ray Martinez, 23, U.S. citizen | South Padre Island, TX | Shot through the driver's window; body-camera video does not clearly show him hitting anyone | Federal role became public only in Feb. 2026, through a records lawsuit |
Deaths after release or in restraint
Three medical examiners ruled deaths homicides outside any shooting. Geraldo Lunas Campos died of compression asphyxia while restrained at Fort Bliss, and a federal report said evidence was "missing or destroyed." Nurul Amin Shah Alam, a nearly blind refugee, was left outside a closed coffee shop in near-freezing weather and found dead five days later. Daphy Michel died of hypothermia at a bus shelter three days after ICE released her alone.
Beatings, vehicles, and less-lethal weapons
Alberto Castañeda Mondragón, St. Paul: eight skull fractures and five brain hemorrhages that doctors said did not fit ICE's "ran into a wall" account. A judge ruled the arrest unlawful.
Rafie Ollah Shouhed, 79, U.S. citizen, Van Nuys: body-slammed with a knee on his neck, held 12 hours without care, released without charges.
George Retes, U.S. citizen and Army veteran, Camarillo: pepper-sprayed, knelt on, and held three days. No charges.
Miguel Parra Hernández, Houston: struck by an agent's SUV while running away; his leg was broken.
Kaden Rummler, 21, and Tucker Collins, 19: each lost an eye to less-lethal rounds at Southern California protests.
Rev. David Black, a Presbyterian pastor in Broadview, Illinois: shot with pepper balls while praying.
In several cases, criminal charges filed against the people agents hurt were later dismissed, some with prejudice, after video contradicted the agents' accounts.
Why Should Every American Care?
Because the rules that protect an immigrant on a Minneapolis sidewalk are the same rules that protect you. The Fifth Amendment guarantees due process to every "person," not every citizen. The Fourth Amendment forbids unreasonable seizures, and deadly force is the most serious seizure there is.
The record already shows the line does not hold at immigration status. At least four U.S. citizens are dead. A 79-year-old citizen was body-slammed at his own car wash. An Army veteran was held for three days without charges. A pregnant citizen went into early labor after being pushed against a truck. Mistaken-identity arrests have injured citizens in the Bronx, Evanston, and Santa Maria.
Accountability matters for four practical reasons:
Equal justice. If a civilian shot someone through a car windshield, a prosecutor would review it. The badge should change how the law is applied, not whether it applies.
Deterrence. Officers who know their conduct will be reviewed make better decisions. Officers who believe they are untouchable make worse ones.
Trust and safety. Communities that fear federal agents stop calling 911, stop testifying, and stop cooperating with local police. That makes everyone less safe.
Protection for good officers. A fair, transparent review clears officers who acted lawfully. Secrecy leaves every officer under suspicion.
Try this test, which we use across our work: imagine this power in the hands of the leader you trust least. If you would want an independent investigation then, you should want one now.
Senior officials have claimed that federal agents have "absolute immunity" from state prosecution. That is not the law. As explained below, the Supreme Court has never recognized blanket immunity for federal officers who act unreasonably or outside their authority.
What Can the 120th Congress Do?
Congress can do what no state prosecutor or private lawyer can: compel federal records, put officials under oath, control DHS's budget, and change the law for every future administration. Here is a practical agenda, drawn from our open letter to the 120th Congress and our model bills.
Investigate, starting on day one
Preserve the evidence. Send preservation letters to DHS, ICE, CBP, the FBI, and DOJ covering body-camera and dash-camera footage, radio traffic, use-of-force reports, and agents' phones, including personal devices used for work.
Get the facts under oath. Hold hearings in the Judiciary, Homeland Security, and Oversight committees on the Good and Pretti killings, deaths in custody, and vehicle shootings. Ask why the Justice Department halted its Good investigation and why state investigators are still waiting for evidence.
Bring in the watchdogs. Request reviews by the DHS Inspector General and the Government Accountability Office, and protect the Inspectors General doing that work.
Follow the record. Our investigative plan lays out how to sequence requests, subpoenas, and hearings, and how to document every refusal.
Legislate for every future administration
Our model Federal-State Cooperation and Use-of-Force Accountability Act is built for exactly this problem. Its core ideas:
Evidence sharing after a death. Require federal agencies to preserve evidence and share it with state investigators after any death or serious injury involving a federal agent.
Body cameras and visible identification. Require immigration agents to wear body cameras and display a name or badge number during enforcement.
Full public reporting. Require reporting of every death and serious injury during arrests, not only in custody.
A real remedy for victims. In Egbert v. Boule (2022), the Supreme Court refused to let people sue Border Patrol agents directly for constitutional violations, and said that choice belongs to Congress. Congress can create that cause of action, as it did for state and local officers in 42 U.S.C. § 1983.
Congress can also attach these requirements to DHS appropriations. A funding bill can still be vetoed, but conditions in must-pass DHS funding are hard to refuse, which makes appropriations the most practical vehicle. For stand-alone reform, our veto-proof reform guide explains how to build bipartisan majorities by making rules apply to the next President, whoever that is.
Weigh impeachment on the record
Impeachment is a tool for officials, not line agents. Our model articles against Attorney General Todd Blanche include an article on obstruction of Minnesota's investigations of killings by federal agents. Like every model article, it is a starting point that a House investigation must verify. See how impeachment works.
What Can State Prosecutors Do If the Justice Department Won't Act?
State and local prosecutors can charge federal agents under state law for crimes committed in their communities, and some already have. But they face a demanding legal test, a likely move to federal court, and a fight for evidence.
The federal record so far gives states reason to step in. The Justice Department halted its investigation of Renee Good's death, and at least six federal prosecutors resigned. Minnesota is still waiting for federal evidence in Alex Pretti's death. To be fair, federal prosecutors have acted in at least one case: a federal grand jury indicted ICE officer Christian Castro for lying to the FBI about a shooting.
States have already filed charges
Date | Prosecutor | Officer and charge | Incident |
Oct. 30, 2026 | Harris County DA Sean Teare (TX) | ICE officer Mario Alberto Morales, indicted by a grand jury for aggravated assault with a deadly weapon, a second-degree felony (2–20 years) | Drove an SUV into Miguel Parra Hernández as he ran away. Prosecutors say video contradicts ICE's account. His lawyer calls it an accident |
May 18, 2026 | Hennepin County Attorney Mary Moriarty, with the Minnesota Attorney General (MN) | ICE officer Christian Castro, four counts of second-degree assault and one count of falsely reporting a crime | Shot Julio César Sosa-Celis through a door; federal charges against Sosa-Celis were later dismissed |
Apr. 2026 | Hennepin County Attorney (MN) | ICE officer Gregory Morgan Jr., second-degree assault | Allegedly pointed his gun at two motorists |
Other matters remain under review, including by the Maine Attorney General (Biddeford), the Tennessee Bureau of Investigation (Memphis), the Los Angeles County District Attorney (Northridge), and the Arlington County prosecutor (Virginia).
Why state charges matter
They are pardon-proof. A President can pardon only federal offenses. A state conviction stands.
There is often no deadline for murder. Most states have no statute of limitations for murder, so a homicide case can wait for evidence that is withheld today.
They restore equal treatment. A state prosecutor applies the same assault and homicide laws to everyone in the jurisdiction.
The challenges are real
Supremacy Clause immunity. Under In re Neagle (1890), a federal officer cannot be punished by a state for an act federal law authorized, if he did no more than was "necessary and proper" to do it. Courts today ask whether the officer's conduct was authorized and objectively reasonable. If an officer raises the defense, the state must show the officer acted outside his authority or unreasonably, or that the key facts are genuinely disputed. Officials who call this "absolute immunity" are wrong, but the bar is high. In Michigan, a federal court dismissed state charges against a federal task force officer after a hearing.
Removal to federal court. Under 28 U.S.C. § 1442, a federal officer can move the case to federal court. State prosecutors still try it under state law, but a federal judge decides immunity first. Lawyers for Castro and Morales have sought or said they will seek removal.
Access to evidence. Federal agencies control body-camera footage, weapons, phones, and agent statements. ICE has said that local governments lack authority to investigate federal officers acting in the course of their duties. States have had to sue for access.
Identifying the officer. Masks, unmarked cars, and missing body cameras can make it hard to know who fired.
Federal resistance. The Justice Department has appeared in court on the side of a charged agent. Prosecutors should expect a well-funded defense and public pressure.
A practical playbook for state and local prosecutors
Move fast on local evidence. Secure 911 calls, city and business cameras, bystander video, hospital and autopsy records, and witness statements before they fade. Minnesota prosecutors opened a public portal for evidence.
Use independent investigators. State units like Minnesota's Bureau of Criminal Apprehension give the work credibility.
Build the reasonableness record. The immunity fight turns on whether force was necessary and reasonable. Video, timing, distance, and the officer's own statements matter most.
Charge only what the evidence supports. A prosecution that looks political will lose in court and hand critics an argument. Neutral, evidence-based cases win.
Respect the limits. States can prosecute crimes, but they cannot directly regulate federal operations. Charging individual misconduct is on solid ground; trying to control federal enforcement policy is not.
A future Justice Department can still act
Federal law makes it a crime for anyone acting under color of law to willfully deprive a person of constitutional rights (18 U.S.C. § 242). When death results, the offense can be punished by life imprisonment or death, so it has no statute of limitations (18 U.S.C. § 3281). Evidence preserved today can support a federal civil-rights case years from now, under a future administration of either party. That is why preservation is the first step. See our post on accountability, deterrence, and the rule of law.
Why Did We Turn to FOIA?
Because Congress was not asking. In March 2026, our Government Oversight Program asked ICE, CBP, and DHS for records on use of force, home entries, and large enforcement operations. When the agencies did not answer, we sued. What came back was late and heavily redacted. Read what we found in FOIA Lawsuits Show Why the 120th Congress Must Investigate. A citizen's records request is no substitute for a congressional subpoena.
Let's Talk
We offer free, nonpartisan briefings to Members of Congress and staff of both parties, state and local prosecutors, and state legislators. We can help with preservation letters, investigative plans, bill text, and the Supremacy Clause immunity framework.
Request a briefing → · corey@biazzolaw.com · (703) 297-5777
Companion Resources
Biazzo Law Government Oversight Program: all of our 120th Congress resources in one place
Open Letter to the 120th Congress: Restore Checks & Balances
Frequently Asked Questions
How many people have federal immigration agents shot since January 2025? CBS News counted at least 30 shootings by federal immigration agents as of October 12, 2026, with 9 people killed and 13 injured. Broader counts that include border gunfights list at least 43 shootings and 11 deaths.
Do ICE agents have absolute immunity from state prosecution? No. Under In re Neagle (1890), federal officers are protected only when federal law authorized the act and the conduct was necessary and proper, which courts treat as objectively reasonable. A judge decides, usually after the case is moved to federal court.
Can a state prosecutor charge an ICE agent? Yes. Prosecutors in Hennepin County, Minnesota, and Harris County, Texas, have charged ICE officers with assault in 2026. Those cases are pending, and the officers are presumed innocent.
Can the President pardon an ICE agent convicted of a state crime? No. The pardon power covers only offenses against the United States.
Can victims sue federal immigration agents? It is difficult. Egbert v. Boule (2022) largely closed the door to damages suits against Border Patrol agents for constitutional violations. Victims can sue the United States under the Federal Tort Claims Act, and Martin v. United States (2025) confirmed that the Supremacy Clause does not bar those claims. Congress can create a direct remedy.
What can Congress do about immigration agent violence? Investigate under oath, preserve evidence, request Inspector General and GAO reviews, require body cameras, visible identification, and evidence sharing with states, attach conditions to DHS funding, and create a damages remedy for constitutional violations.
This post is public education from the Biazzo Law Government Oversight Program, a nonpartisan public-service initiative of Biazzo Law, PLLC. It is not legal advice and does not create an attorney-client relationship. Incident details come from published reports; many are allegations, many are disputed by DHS, and no one named has been convicted unless stated. Every person charged is presumed innocent. Biazzo Law is the plaintiff in the FOIA cases described.
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