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Federal immigration officers could face state charges after deadly incidents
The bill from Representative Mary Gay Scanlon targets severe cases during immigration enforcement, stating that death or serious injury would not shield federal officers from state criminal law.
If an immigration enforcement action causes a death or serious bodily injury, federal officers could face state criminal charges under a House bill introduced by Rep. Mary Gay Scanlon. The measure would remove federal immunity as a barrier to those cases.
The bill, introduced in the U.S. House of Representatives, says that federal law enforcement officers performing duties tied to immigration enforcement would not be immune from prosecution under state criminal law if their actions cause those outcomes. The measure focuses on the most severe incidents during immigration enforcement operations.
A narrow change to federal law
The legislation would amend Title 18 of the United States Code by adding a new section, numbered 3245. The language is direct. If a person engaged in duties related to enforcing immigration laws commits an act that causes death or serious bodily injury, that person would not be immune from prosecution under state law.
The proposal does not create a new federal crime. Instead, it addresses the question of immunity. By spelling out that state criminal law can apply in these situations, the measure aims to clarify that state prosecutors and courts can handle cases involving the most serious harm.
Where immigration enforcement meets state law
Immigration enforcement is primarily a federal responsibility. Federal officers carry out arrests, detention, transport, and other enforcement duties under immigration law.
But those actions often take place within cities and states that have their own criminal laws covering assault, homicide, and other offenses. The bill writes into federal statute that, when an enforcement action results in death or serious bodily injury, state criminal law can still be used to pursue charges.
Who the proposal would affect
The rule would apply to people performing duties related to the enforcement of immigration laws as defined in the Immigration and Nationality Act, the main federal statute that governs immigration policy and enforcement.
In practical terms, the change would matter after severe incidents tied to immigration enforcement activity. When a death or serious bodily injury occurs during those operations, state prosecutors could pursue charges under their own criminal statutes without federal immunity blocking the case.