Federal Agents Lack 'Absolute Immunity' for Assault and Killings, Expert Says

Cleveland lawyer Michael Rendon argues agents can face prosecution for actions outside scope of authority

Published on Feb. 11, 2026

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In an opinion piece, Cleveland lawyer Michael Rendon, a former federal prosecutor and agent, argues that federal immigration agents do not have 'absolute immunity' from prosecution for actions like assaulting protesters or unjustified killings that fall outside the scope of their authorized duties. Rendon says a new administration could pursue charges, including for murder, against agents who engaged in such unlawful conduct.

Why it matters

The article challenges the notion that federal agents have blanket immunity for any actions taken while on duty, arguing there are limits to their legal protections. This has implications for how federal law enforcement is held accountable, especially in high-profile incidents involving use of force against civilians.

The details

Rendon, who previously worked as a federal prosecutor and agent, says that while immigration agents have authority to interrogate individuals about their immigration status, they do not have immunity to assault non-interfering protesters or kill civilians who are not posing a threat. He argues that once agents 'veered away from their specific mission' and took actions 'outside the scope of their authority,' they can lose their federal immunity protections. Rendon cites examples like an agent allegedly breaking away from an immigration arrest to physically assault bystanders, or an agent allegedly provoking a driver and then shooting them, as conduct that should not be shielded by immunity.

  • In three years, a new administration could pursue charges against agents for actions taken during the previous administration.

The players

Michael Rendon

A Cleveland lawyer who previously served as an assistant county prosecutor, special assistant U.S. attorney and special agent for the U.S. Departments of Justice and Homeland Security.

Renee Good

A civilian who was shot and killed by federal immigration agents.

Alex Pretti

A civilian who was pepper-sprayed and physically assaulted by federal immigration agents while filming them in public.

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What they’re saying

“Assuming that in three years there is a new administration that adheres to the dictates of our Constitution and the oath of office, the landscape for the agents who are now engaging in conduct outside the scope of their authority could look very different.”

— Michael Rendon, Cleveland lawyer (cleveland.com)

What’s next

A new administration could pursue criminal charges against federal agents for actions taken during the previous administration, as there is no statute of limitations for murder in Minnesota.

The takeaway

This article challenges the notion of 'absolute immunity' for federal agents, arguing their legal protections have limits and they can face prosecution for actions that fall outside the scope of their authorized duties, including assault and unjustified killings of civilians.