How the Supreme Court Made Alex Pretti's Killing More Likely

"Immigration and Customs Enforcement and Customs and Border Protection agents have now killed two U.S. citizens in Minnesota under the made-up banner of " absolute immunity" for federal law enforcement officials, regardless of what they do or how they do it. The notion of immunity for state actors in American law goes back decades, and much of what we are seeing on the ground now in terms of violent immigration enforcement has its antecedents in long-standing and deeply flawed American ideas."

"Dahlia Lithwick: ICE agents, like all federal agents, are protected by qualified immunity, and that protects them from lawsuits for constitutional violations committed in the course of duty. And we've had that for a long time. Help us understand this foundational idea that for the most part, law enforcement officers cannot be held liable for their actions when they violate your rights. How did we get here? Alex Reinert: Really, there are two foundational ideas in play in these cases involving federal officials."

Immigration and Customs Enforcement and Customs and Border Protection agents killed two U.S. citizens in Minnesota under claims of "absolute immunity" for federal law enforcement officials. Immunity for state actors has deep roots in American law and contributes to violent immigration enforcement through longstanding, flawed distinctions between "good" and "bad" people and unclear accountability for law enforcement excesses. Qualified immunity and the Bivens doctrine are two foundational legal doctrines governing lawsuits against federal officials. Qualified immunity emerged as a modern doctrine in 1967 in a Freedom Riders case. The Bivens doctrine historically allowed private suits for constitutional violations by federal officials.

Read at Slate Magazine