Law and Order Requires that Law Enforcement Follow the Rules

Thank you for being one of more than 700 members of Georgia Lawyers for the Rule of Law.

This week we highlight an article from the CATO Institute that discusses the recent shooting of Renee Good in Minnesota. The American concept of “Law and Order” requires that police and law enforcement follow the rules already on the books. Those rules—and the Constitution–dictate when police and other law enforcement can use any force, including deadly force.

It’s important to remember that ICE agents are not police. ICE’s authority is limited by law to when agents are “performing duties relating to the enforcement of the immigration laws.” 8 U.S.C. § 1357.

And even when ICE officers are authorized to make an arrest, federal regulations limit when they may use any force. They are limited to using the “minimum non-deadly force necessary to accomplish the officer’s mission.” 8 C.F.R. § 287.8.

“Deadly force” (such as shooting someone) is limited to when there are “reasonable grounds to believe” it is necessary to protect against “imminent danger of death or serious physical injury.”

Officers cannot place themselves in the path of a vehicle to justify shooting the driver, a tactic this CATO Institute article discusses.

It is essential that the Courts and/or Congress enforce the laws in place such that ICE and Border Patrol conduct themselves within the law. The American concept of “Law and Order” and our constitutional protections require no less.

Read the Cato Institute Article, “Renee Good Wasn’t the First Person Shot in Her Car by ICE. The Justification Followed a Familiar Script.”

Please share both the article and our website with your friends and colleagues in the law and encourage them to join us. There is no cost to join.

Regards,
Georgia Lawyers for the Rule of Law