New guidance distributed to US Immigration and Customs Enforcement agents across the country in recent days said that the FBI will no longer investigate confrontations that officers have with protesters or people who are subjected to immigration enforcement—leaving the agency to investigate its own violent encounters with the public following at least two recent killings by ICE agents.

The guidance pertained to claims of assault against Department of Homeland Security (DHS) officers, but FBI investigations have gathered evidence that implicated agents themselves after they claimed to have been attacked.

According to the message sent to ICE officers, Homeland Security Investigations, which operates under ICE, would begin examining incidents in which an agent claimed they were assaulted.

HSI does not have jurisdiction to investigate allegations of civil rights allegations, so in cases in which a confrontation escalates to a use of force by an officer, the unit would be unlikely to investigate whether the agent violated the victim’s rights, The New York Times reported.

“The fox is guarding the hen house,” said American Immigration Council senior fellow Aaron Reichlin-Melnick of the reported change.

Despite the guidance that was circulated to agents, the US Department of Justice, which oversees the FBI, released a joint statement with DHS denying that the change would take place.

“The relationship between DHS and DOJ in investigating assault on federal officer cases has not changed, and FBI will continue to investigate in accordance with agency policy,” the statement said. “This administration has been clear, anyone who assaults law enforcement will be prosecuted to the fullest extent of the law.”

According to a New York Times investigation, the Trump administration filed charges against more than 550 people who it said assaulted federal immigration officers. More than 400 of the cases had been resolved, and in nearly half of them, charges of assault had been thrown out or withdrawn, or the defendants had been acquitted.

As it’s filed such charges, the Trump administration has frequently repeated its assertion that federal agents are regularly facing violent attacks from the public—including in cases in which agents have killed US citizens and immigrants, including Renee Good, Alex Pretti, and earlier this month, Lorenzo Salgado Araujo.

The reported change was also made public less than a week after an ICE agent fatally shot Johan Sebastián Guerrero in Biddeford, Maine.

Journalist Sam Stein said the guidance that was given to federal agents could grant “pure impunity for ICE to do horrible things.”


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