Under MN law, assault with a firearm generally carries a 36-month mandatory minimum sentence (609.222, 609.11).
Minnesota has jurisdiction to prosecute crimes committed within its borders, even by federal officers, but the case may not stay in state court.
A federal officer can remove a state criminal case to federal court under 28 USC 442 by asserting he was acting under color of federal duty and asserting a colorable federal defense.
Despite what you may hear from the federal executive, ICE agents do NOT have absolute immunity.
The relevant doctrine is Supremacy Clause immunity, which is narrower.
The officer must show:
1) He was performing an authorized federal function; and
2) That his conduct was reasonably necessary and proper to that function.
If that showing is made, the prosecution can be dismissed. If not, the case proceeds...just in federal court instead of state court.
BREAKING: Prosecutors in Hennepin County are bringing felony assault charges against an ICE agent in connection with a February incident in Minneapolis.
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