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The FBI reportedly won’t investigate ICE anymore

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Why This Matters

The decision to shift investigation responsibilities away from the FBI and onto ICE's own investigative arm raises concerns about accountability and oversight for ICE agents' conduct. This change could reduce the likelihood of thorough investigations into incidents involving ICE, especially civilian deaths, impacting transparency and justice. For the tech industry and consumers, this highlights ongoing debates about oversight, civil rights, and the role of federal agencies in law enforcement accountability.

Key Takeaways

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According to the New York Times, federal agents have been told that the FBI will no longer be investigating confrontations involving ICE agents. The DHS and DOJ denied the change in policy to The Times.

The reported change in guidance follows renewed scrutiny of violence by ICE agents who have killed two people in the last two weeks. The shootings in Maine and Texas were just the latest civilian deaths at the hands of ICE agents, who have attempted to intimidate witnesses following its recent spate of high-profile killings.

The new guidance would end FBI investigations of assaults against DHS agents. The government has aggressively pursued cases against protesters and others who have had even fleeting and unintentional physical contact with agents. But those felony assault cases routinely fall apart, with nearly half of them ending with an acquittal, the charges being thrown out, or withdrawn, according to a Times analysis.

While the FBI investigations are ostensibly to help the government make a case against protesters and others, they often provide evidence against the officers that could be used in future trials against them.

According to The Times:

Under the change, responsibility for investigating cases involving federal immigration officers would likely fall to Homeland Security Investigations, an arm of ICE, effectively leaving the agency to investigate itself…Homeland Security Investigations does not have jurisdiction to investigate civil rights violations, so putting the change into practice would make it far less likely that shootings of unarmed people by ICE agents would be investigated to determine if the agents broke federal law.