Legal expert analyzes ICE after second fatal Minneapolis shooting

On Jan. 24, 2026, an ICE agent fatally shot a 37-year-old ICU nurse, Alex Pretti, in Minneapolis. The shooting came less than three weeks after a Border Patrol agent shot and killed another resident, Renee Good.

Over the weekend, thousands faced below-freezing weather to protest against federal immigration agents. Marchers repeated the demand for ICE to leave the Twin Cities.

These recent Border Patrol crackdowns have raised concerns about the constitutionality and criminal liability of ICE agents.

Criminal and constitutional lawyer Robert McWhirter joined “Arizona Horizon” to discuss the possibility of Arizona becoming the “next” target for the Department of Homeland Security’s enhanced operations.

“They (ICE) got brought in because the regular immigration agents who generally follow immigration crimes within the country,” McWhirter said, “…were not tough enough for this Trump regime.”

According to McWhirter, the job of an ICE agent is supposed to be to essentially secure the border, and in certain situations, they have a role in going after alien smuggling cases.

“…something that needs to be said, the vast majority of immigration violations are civil,” McWhirter said, “…you now have a para-military organization that is enforcing civil, not criminal law. That gets to be absurd.”

A federal agent has immunity to enforce federal law and not be subject to state crimes or state charges. However, that does not immunize one from committing a crime like homicide or assault.

“The crimes that are being committed here are state crimes,” McWhirter said, “…but both have jurisdiction here, and in fact for the homicide committed of Alex Pretti, that is going to be a state crime of homicide, not a federal crime.”

States are allowed to prosecute federal officials if they are working outside the scope of their duties. In this situation, committing a homicide is not under the scope of anybody’s federal duties.

“Arizona does have a stand your ground law,” McWhirter explained, “…if you look at the formula, it is very possible that it could happen here. We have a Democratic governor and a Democratic mayor in Phoenix, which is the only real criteria for Trump to do this…Phoenix fits the formula.”