- United States
- Ohio
- Letter
I strongly oppose any policy, directive, or informal guidance that prevents the FBI from independently investigating potentially criminal conduct by ICE personnel or other federal officers.
Federal law provides a clear accountability framework. Under 28 U.S.C. § 535(a), the Attorney General and FBI may investigate violations of federal criminal law involving government officers and employees. Section 535(b) further requires executive agencies to expeditiously report allegations involving possible Title 18 violations by federal personnel to the Attorney General, unless investigative responsibility has been specifically assigned elsewhere by law. This reporting obligation should not be weakened through internal guidance or agency practice.
Potentially unlawful uses of force may implicate 18 U.S.C. § 242, which criminalizes willful deprivation of constitutional or federal rights under color of law and establishes enhanced penalties when bodily injury or death results.
Internal affairs offices and inspectors general perform important functions, but they are not substitutes for independent criminal review. Allowing allegations against ICE agents to remain primarily or exclusively within the Department of Homeland Security creates an institutional conflict and undermines confidence that evidence, witnesses, and charging decisions will receive impartial consideration.
This does not presume that every use of force is unlawful. Independent investigations also protect officers whose conduct was justified. The principle is straightforward: federal authority must remain subject to meaningful outside scrutiny.
Congress should demand written clarification from the Department of Justice, FBI, and Department of Homeland Security regarding any changes to these investigative practices. Congress should preserve all relevant communications, conduct public oversight hearings, and ensure that deaths, serious injuries, and credible civil rights allegations involving federal personnel remain eligible for independent FBI and DOJ investigation.
Please publicly oppose any effort to shield federal officers from independent investigation and support legislation or appropriations language that preserves federal reporting obligations, investigative authority, and equal accountability under the law.