Stephen Miller has landed in hot water for his latest advice to ICE officials. During an appearance on Fox News’ The Will Cain Show, the Homeland Security Advisor told ICE agents they are protected by federal immunity when conducting their official duties.
“To all ICE officers: You have federal immunity in the conduct of your duties. Anybody who lays a hand on you or tries to stop you or tries to obstruct you is committing a felony,” he said.
“You have immunity to perform your duties, and no one—no city official, no state official, no illegal alien, no leftist agitator or domestic insurrectionist—can prevent you from fulfilling your legal obligations and duties,” Miller further added.
“The Department of Justice has made clear that if officials cross that line into obstruction, into criminal conspiracy against the United States or against ICE officers, then they will face justice,” he stated.
REMINDER. “To all ICE officers: You have federal immunity in the conduct of your duties. Anybody who lays a hand on you or tries to stop you or tries to obstruct you is committing a felony. You have immunity to perform your duties, and no one—no city official, no state official,… pic.twitter.com/xoWDjOctLe
— Homeland Security (@DHSgov) January 13, 2026
Miller’s message sparked immediate backlash on social media, with legal experts calling out his statement. Public defender Eli Northup wrote, “He’s not a lawyer. There is no blanket “immunity” for criminal behavior. States can and should hold federal officers accountable.”
Kali Murray, a professor at Marquette Law School, echoed similar sentiments on Bluesky. “Your now weekly reminder that Stephen Miller did not go to law school and has no idea what he is talking about at all,” she wrote.
The expert further added, “Also of note: if this DHS is now citing Stephen Miller, well, well, well. I have been circumspect on a Miller impeachment b/c has not gone through Senate confirmation.”
He’s not a lawyer. There is no blanket “immunity” for criminal behavior. States can and should hold federal officers accountable. https://t.co/og2tilqgr0
— Eli Northrup (@EliNorthrup) January 14, 2026
Miller’s message to ICE agents comes amid a widespread outrage against the agency following the fatal shooting of Renee Nicole Good at the hands of an ICE officer, now identified as Jonathan Ross.
Trump and his administration has continued to claim that Ross acted in “self-defense” and was treated at the hospital after getting bumped by the victim’s car. The President and his allies believe Ross was only performing his duties and would not get prosecuted.
Meanwhile, Congresswoman Ayanna Pressley unveiled a bill to abolish federal immunity for ICE agents after Good’s death. She has been a long-term advocate of abolishing ICE.
Pressley is calling for ICE agents to face accountability without immunity and to be held liable for misconduct.
