* THIS IS NOT LEGAL ADVICE* FOR EDUCATIONAL PURPOSES ONLY*

As an attorney, I feel that it is my ethical duty to speak up when I see injustice and correct misunderstandings of the law. In the days since Renee Good was killed by an ICE officer, there have been many justifications given for her death; many have nothing to do with whether the ICE agent reasonably feared for his life.

Most have more to do with character assassination than anything to do with Ms. Good’s actions. This is something that is all too familiar for those who pay attention to police shootings. When police kill minorities, the first thing the media does is dig up dirt. If they can’t find dirt, they make it. For instance, Black men and boys are made out to be “thugs” by using pictures taken from social media pages. Black women are made out to the girlfriends of gang members and bad mothers. In the case of Ms. Good, a fake arrest record was immediately distributed. The government called her a “domestic terrorist” and lied about her ramming ice vehicles and driving maniacally. Conservative media outlets latched on to her motherhood and claimed she was bad mother who didn’t care about her children.

Aside from blatant attempts at character assassination, people that are defending the ICE Officer’s actions usually do so by saying things like Ms. Good was committing a crime,; she wasn’t obeying orders; she was protesting ICE all morning; she was blocking traffic; and she was attempting to evade arrest. Here’s what most people making these excuses are missing:

(1) Committing crimes does not automatically mean the person is subject to a death sentence.

The Constitution of the United States of America guarantees the right to due process to everyone on U.S. soil. The government is required to prove beyond a reasonable doubt that a person is guilty of a crime before they can carry out a sentence. This includes the death penalty. Most crimes are not punishable by the death penalty. When a crime is punishable by the death penalty, the sentence is not carried out on the street by police officers or ICE agents.

(2) Obstruction is not a crime punishable by death.

Yes, it is a crime to obstruct federal and local law enforcement and even ICE agents when they are trying to carry out their legal duties. A person can be arrested for obstruction. They cannot be sentenced to death for obstruction.

(3) ICE agents have the ability to arrest people but only in limited circumstances.

ICE’s authority is limited to immigration matters and sometimes matters of homeland security (like assisting in detaining members of international crime syndicates). They cannot arrest someone for crimes that are not related to these things. They can arrest someone if that person prevents them from carrying out their legal functions, however. They do not have authority to carry out general law enforcement functions – think arresting people for blocking a roadway when that person is not preventing them from detaining an immigrant.

(4) Neither ICE nor law enforcement have the authority to kill someone for failing to follow their instructions.

The use of deadly force is authorized only in limited situations. A reasonable officer must believe that his life or the life of another person is in imminent danger to use lethal force. Lethal force is not authorized when a suspect is fleeing.

(5) ICE is subject to qualified immunity.

Like actual law enforcement, ICE agents are covered under qualified immunity. This means that if they kill or maim someone in the course of fulfilling their legal duties, they cannot be found guilty of a crime or be held liable in civil court for the harm caused.

Despite JD Vances’ confusion, qualified immunity is not absolute. There are a few limits. An officer must have acted like a reasonable officer would given the situation. Officers also cannot deliberately put themselves in harm’s way to create a situation that justifies the use of force.

(6) You cannot be executed because you have previously been found guilty of crimes.

A person’s previous criminal record cannot be used to justify the government killing that person (unless the person has been tried, convicted, and sentenced to death for that crime). Law enforcement and ICE cannot kill a person because of their criminal record.

(7) The United State’s Constitution allows citizens to protest, criticize, and film government agents.

It is not illegal to film law enforcement and ICE as long as you are not preventing them from carrying out their lawful duties. ICE is not authorized to use force against people who are protesting. No law enforcement is allowed to do that – subject to the protestors remaining peaceful and not putting officers or other people in danger.

The First Amendment covers your right to peacefully protest and to say what you want to say as long as you are not inciting violence.

Although, I’ve watched many videos of Ms. Good’s killing and from multiple angles and know what I saw, I am aware that people disagree. It is important that a thorough, transparent, and fair investigation be carried out without the bias of an already formed narrative shaping it. It is equally important that we, the People, understand the 7 things I’ve discussed above. These are fundamental to protecting your our rights and democracy.