Speaker Emirata Nancy Pelosi (D-CA) said on Wednesday that local law enforcement could arrest federal agents that break local laws as the agents seek to enforce federal immigration laws and crack down on crime.
Pelosi and Rep. Kevin Mullin (D-CA) said in a joint statement, “While the President may enjoy absolute immunity courtesy of his rogue Supreme Court, those who operate under his orders do not. Our state and local authorities may arrest federal agents if they break California law — and if they are convicted, the President cannot pardon them.”
The New York Times reported that Brooke Jenkins, the San Francisco district attorney, devised the scheme to potentially arrest federal agents after allegedly seeing federal agents “roughing up people” in Los Angeles and Chicago.
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“I had lead time to think about what authority I have and what I can do. This is something I felt very strongly about, and I had my office research it,” Jenkins said.
Jenkins said she had spoken with federal law enforcement about arresting federal law enforcement for “clear, excessive use of force.”
The Times explained:
District Attorney Jenkins said she did not envision police officers handcuffing federal agents in full view on city streets. Instead, she said, local law enforcement could review camera footage of beatings, if they occur, and try to identify the agent involved. Then, she said, she would ask a judge to sign a warrant for the agent’s arrest and seek to prosecute the agent in court.
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That could be much easier said than done. Many federal agents are operating in masks and without badges or other identification; a California law barring agents from wearing masks does not take effect until January and even then is quite likely to face legal challenges. And the Trump administration could seek immunity for its officers or ignore the warrants altogether, Ms. Jenkins acknowledged.
“For me, this is about San Francisco and what I need to do for San Francisco,” she remarked.
Erwin Chemerinsky, the dean of the Berkeley School of Law, said the legal authority for states to arrest federal officers is without much legal precedent.
“As long as the ICE agents are acting legally, the state can’t prosecute them and hold them liable, even if it dislikes what they’re doing,” he said.
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