As a career law enforcement officer, trainer, university professor, and administrator, I have been appalled with ICE shootings. Most reported ICE shootings do not meet the standards that I learned in basic training, and later taught during my long career. When are the immigration customs enforcement officers allowed to use deadly force? As trained (and I have questioned the amount of training in past articles) law enforcement officers, they fall under the same restrictions as all police officers in the United States. Officers are allowed to use deadly force only under very narrow, constitutionally defined circumstances. Deadly force is permitted only when a suspect poses an imminent threat of death or serious bodily injury to the officer or to others. This standard comes from the Fourth Amendment and is shaped by two landmark Supreme Court cases– Tennessee v. Garner (1985) and Graham v. Connor (1989).
The Constitutional Standard
Deadly force is justified only when the officer has probable cause to believe the suspect represents an immediate threat of death or serious physical harm to the officer or another person. The threat must be imminent, not speculative or based on past behavior alone. When possible, officers should issue a warning before using deadly force (though failure to warn does not automatically make the force unconstitutional).
Officers cannot use deadly force solely to stop a fleeing suspect unless that suspect is a violent felon who poses an ongoing danger. This is the core finding in Tennessee v. Garner. They cannot shoot at moving vehicles unless the vehicle itself poses an imminent deadly threat and there are no safer alternatives. Department of Justice (DOJ) policy explicitly prohibits firing at vehicles merely to stop them. They cannot use deadly force on a restrained or non‑resisting suspect. Courts have repeatedly held that once a suspect is subdued, additional force is unconstitutional.
Under Graham v. Connor, courts evaluate an officer’s actions based on objective reasonableness. The factors to be considered include:
- Severity of the crime
- Whether the suspect poses an immediate threat
- Whether the suspect is resisting or fleeing
- The fact that officers often make split‑second decisions in tense, rapidly evolving situations
This means the question is not whether the officer could have acted differently, but whether a reasonable officer, in that moment, believed deadly force was necessary.
Department of Justice Policy
The DOJ’s 2022 policy adds an additional layer. Deadly force may be used only when necessary (meaning no safe, effective alternative exists). Officers must act with respect for human life and use only the level of force a reasonable officer would use under similar circumstances.
Summary
Police (including ICE agents) may use deadly force only when:
- There is an immediate, significant threat of death or serious injury, or
- A dangerous fleeing felon will continue to pose such a threat if not stopped.
Anything outside these narrow circumstances is unconstitutional or violates DOJ policy. In my opinion ICE officers should be restricted from making arrests until they learn these basic facts!
