Fact check: Do ICE officers really have ‘federal immunity’ in the US?

U.S. Immigration and Customs Enforcement agents make an arrest during an early morning operation in Park Ridge, Ill., Friday, Sept. 19, 2025. (AP Photo/Erin Hooley)

Deputy White House Chief of Staff Stephen Miller has told Immigration and Customs Enforcement agents they are legally protected from prosecution and local officials cannot arrest them.

Fox News host Will Cain questioned Miller during an October 24 interview. Illinois Governor JB Pritzker, Cain said, “talked about interfering with, arresting, ICE agents in Illinois”.

 

Cain asked Miller under what federal authority the Trump administration could arrest Pritzker if the governor tried to arrest ICE agents.

“To all ICE officers, you have federal immunity in the conduct of your duties,” Miller said. “And anybody who lays a hand on you or tries to stop you or tries to obstruct you is committing a felony.”

Miller said his answer applied to any local or state official “who conspires or engages in activity that unlawfully impedes federal law enforcement conducting their duties”.

 

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The day before Miller’s comments, Pritzker signed an executive order establishing the Illinois Accountability Commission to document federal law enforcement actions and refer possible law violations to local and state agencies for investigation. Chicago is the latest target in the Trump administration’s immigration crackdown, and agents have arrested more than 3,000 people there.

Pritzker acknowledged in an October 16 interview that “federal agents typically have federal immunity, but they’re not immune from the federal government holding them accountable and responsible”.

His statement is less sweeping than Miller’s, and Pritzker noted that the federal government can prosecute federal agents.

About Author: holly

i.atiku@asyarfs.org

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