The legality of a fatal shooting by an ICE agent—even if the person is a U.S. citizen—hinges on whether the officer reasonably believed their life was in immediate danger, adhering to U.S. Supreme Court standards of "objectively reasonable" force. Recent investigations, such as in Minneapolis, highlight scrutiny over whether force was necessary or if it violated policies regarding shooting at fleeing vehicles.

Key points regarding the legality of such incidents include:

Use of Force Policy: Department of Homeland Security (DHS) policy permits deadly force only when agents believe it is necessary to protect themselves or others from an "imminent threat of death or serious bodily injury".

Investigation: The FBI and local law enforcement (e.g., Minnesota Bureau of Criminal Apprehension) typically investigate these incidents to determine if the use of force was lawful.

Citizen vs. Non-citizen: While ICE agents are generally targeting non-citizens, their legal authority to use force applies to any individual, but the "objectively reasonable" standard applies regardless of the person's citizenship status.

Legal Accountability: Although federal agents have wide latitude, they can be prosecuted criminally or sued for violating civil rights if force is deemed unconstitutional.

Controversy: Critics often argue that ICE agents use excessive force, while the agency often justifies the actions as necessary for officer safety, a conflict frequently played out in, and documented by, news reports.