ICE and Border Patrol aren't cops. Nope, not how it works. Once again, here is a summary:
Federal supremacy applies: When a federal officer (like an ICE agent) uses deadly force in the line of duty, the incident falls under federal authority. The FBI typically leads the investigation into the use of force, as it did here — taking sole control shortly after the January 7, 2026, shooting and excluding Minnesota's Bureau of Criminal Apprehension (BCA) from accessing evidence, witnesses, or the scene.
DHS/ICE role at the scene: ICE agents (under DHS) handle the immediate response, including securing the area initially, preserving their own evidence (e.g., taking the firearm for federal chain of custody), and ensuring officer safety. Reports indicate agents (including Ross) left quickly — possibly for medical evaluation or debriefing — which is common in federal protocols but criticized locally for potentially compromising the scene
Why not local control?: Homeland Security Secretary Kristi Noem and federal officials stated Minnesota authorities "don’t have any jurisdiction" in this federal matter. The Supremacy Clause generally shields federal operations from state interference, though states can pursue parallel probes (as Minnesota officials attempted).
Outcome in this case: The FBI assumed full lead, meaning federal rules govern evidence handling and scene management. Local MPD arrived later to assist, but the primary authority remained federal. |
