Can ICE agents shoot at moving vehicles? Yes and no.

MINNEAPOLIS (FOX 9) - ICE and other immigration agents are "generally" prohibited from firing at moving vehicles. But the policy includes an exception for when agents feel someone is "threatening deadly force" and "no other objectively reasonable means of defense is available."

What they're saying:

At a press conference late Wednesday, Department of Homeland Security Secretary Kristi Noem defended the ICE agent's use of force in a deadly shooting in Minneapolis.

"He followed his training," Noem said.

DHS policy "generally" prohibits ICE agents from discharging firearms for the purpose of disabling a moving vehicle.

However, the policy includes an exception for when the subject in a moving vehicle is "threatening deadly force" with the vehicle or by other means.

Noem: Actions that led to ICE shooting were 'domestic terrorism' [FULL]

U.S. Homeland Security Secretary Kristi Noem traveled to Minneapolis on Wednesday evening to provide an update on the ICE shooting, stressing that the ICE agent who fired his weapon was acting in self-defense.  "It's very clear this individual was harassing and impeding law enforcement operations," Noem said of Good, adding the ICE agent took actions to defend himself, noting one of the agents at the scene was treated and released after being hit by the vehicle. 

This exception states agents should only discharge their firearm when "no other objectively reasonable means of defense is available."

Noem said the ICE agent involved in Wednesday's shooting "feared for his life."

She also said the driver who was shot had disobeyed commands and attacked the agent with her vehicle. She did not say whether any of the agents on the scene were wearing body cameras that detailed what happened before the shooting. 

The other side:

However, witnesses and local officials who also saw video of the shooting disputed that characterization.

"They're already trying to spin this as an action of self-defense," Minneapolis Mayor Jacob Frey said. "That is bullshit." 

One witness told FOX 9 the woman was trying to turn around and leave the area when she was shot through the driver's side window.

Mayor Frey calls self-defense narrative 'bullshit'

A fatal shooting involving ICE agents in south Minneapolis on Wednesday has Mayor Jacob Frey saying they will do “everything in their power to ensure justice," while calling the department’s claim of self-defense “bullshit."

"I saw the car parked in the road and then a bunch of ICE agents walking up, screaming at her to move, and then when she backed up and then started to turn away to move and to get out of their way, then one of jumped in front of the car, another guy tried to rip the door open and then someone yelled stop and then I heard gunshots," said CJ Janeksela.

Minneapolis Police Chief Brian O'Hara said such shootings may be justified in certain circumstances, but added that it is always concerning when an officer shoots into a moving vehicle. 

"Most law enforcement agencies in the country train very intensely to try to minimize the risk that law enforcement officers get placed into a situation that the need for deadly force would be necessary."

Dig deeper:

In 2023, ICE established a policy that agents should "use force only when no reasonably effective, safe and feasible alternative appears to exist."

However, the policy does not "create a duty to retreat," according to a federal judge in Chicago who recently reviewed DHS policies as part of an ongoing court case involving immigration agents. 

The ICE policy also does not require agents to wait for an attack before using force, create an obligation to meet force with equal or lesser force, or go through a checklist of alternative steps before resorting to force.