Last Thursday Maria, a citizen of the United States, was dragged from her car in NE Salem and assaulted by ICE agents. She did nothing wrong. Her “crime” appears to have been driving while brown. You can read her highly disturbing story in “Salem woman (a citizen) assaulted by ICE in traffic stop. There’s a GoFundMe for her.”
Today the City Manager, Krishna Namburi (shown above), and the City Attorney, Dan Atchison, issued a statement about the use of force by federal agents that was mostly true, yet partly false. It was the false parts that rubbed me the wrong way, as I’m sure would be the case for anyone who doesn’t want the Salem Police Department standing by while ICE agents terrorize people in our city.
Here’s the statement. Below it I’ll describe why some of what Namburi and Atchison said defies both common sense and the law.
STATEMENT FROM THE SALEM CITY MANAGER AND CITY ATTORNEY CONCERNING USE OF FORCE BY FEDERAL LAW ENFORCEMENT ON SALEM RESIDENTS
News Release from City of Salem
Posted on FlashAlert: February 2nd, 2026 1:31 PM
The City of Salem is aware of reports of federal law enforcement use of force against Salem residents. The reports allege racial profiling, detention, property damage and injuries to Salem residents by masked teams of federal agents. The City condemns any illegal use of force and any violation of residents’ constitutional rights.
We urge residents to know their rights and take lawful steps to protect themselves: Know Your Rights: Immigrants’ Rights – ACLU of Oregon.
The City recognizes that these reports have caused fear, anxiety, and distress within the Salem community, and we share in residents’ concern for the safety and well-being of all affected. We join calls for the State of Oregon and federal government to reassure and protect residents from these types of actions by federal law enforcement.
In alignment with City Council, we encourage Oregon’s federal delegation to address: (a) a comprehensive approach to solve our broken immigration system in order to provide a realistic pathway to citizenship for all aspiring Americans, and (b) protect our immigrant and other vulnerable communities from the unlawful and unnecessary actions being taken by federal agents in the name of immigration enforcement.
What to do if you witness a crime: If you are the victim of or witness a crime, you are encouraged to call 911 to report the incident. Salem Police will respond to active scenes and attempt to deescalate the situation. If an incident involves federal law enforcement in performance of their duties, the U.S. Constitution restricts the City and police from interfering with federal law enforcement. Investigation and potential referral of criminal charges involving federal law enforcement is under the jurisdiction of federal authorities.
Residents may contact the Department of Homeland Security, Office for Civil Rights and Civil Liberties online at: https//www.dhs.gov/file-civil-rights-complaint, or the FBI at: Electronic Tip Form | FBI or Portland — FBI.
Guidance from State law: Under Oregon’s Sanctuary Promise law, the City does not and is prohibited from cooperating with federal enforcement of immigration law. Neither the City, nor the Salem Police Department, cooperate or assist the federal government’s enforcement of immigration law. The Salem City Council has reaffirmed the City’s commitment to Oregon Sanctuary Promise law and in recognition of the impacts of the federal government’s actions, has declared a state of emergency in Salem.
Guidance from Federal law: Under the U.S. Constitution and federal law, local law enforcement is also prohibited from interfering with federal officers in the performance of their duties, even if it is alleged or believed that the federal officers are violating the law or infringing on someone’s constitutional rights.
Krishna Namburi, City Manager
Dan Atchison, City Attorney
City of Salem, Oregon
Like I said, most of the statement struck me as right-on. What I disagree with are these assertions:
(1) “Investigation and potential referral of criminal charges involving federal law enforcement is under the jurisdiction of federal authorities.”
(2) “Under the U.S. Constitution and federal law, local law enforcement is also prohibited from interfering with federal officers in the performance of their duties, even if it is alleged or believed that the federal officers are violating the law or infringing on someone’s constitutional rights.”
First, the common sense objection to what Namburi and Atchison said.
If someone calls 911 and a Salem police officer responds, finding that a swarm of federal agents are holding a man on the ground who isn’t fighting back, beating him with fists and a metal object to such an extent that the agents will cause serious injury or even death to the man, it seems absurd that the police officer would be required to stand back and merely observe the assault.
(The behavior I’ve described is pretty close to what federal agents did to Alex Pretti in Minneapolis before they shot and killed him.)
Second, there seems to be a solid legal objection to what Namburi and Atchison said. Since I’m not a lawyer, I’ll let excerpts from these links do the talking.
Should you call 911 on ICE? What can local police do, if anything?
Despite local police’s limited authority, [Minneapolis police chief] O’Hara said during a news conference that his officers have a duty to intervene should they witness federal agents using excessive force.While local police have the right to intervene when they see excessive force because it’s against the law, they couldn’t interfere with the person being taken into immigration custody, said Emmanuel Mauleón, a University of Minnesota law professor. But Mauleón’s skeptical that local police would actually interrupt such a scenario.
“It’s very rare that officers intervene in the excessive force of their own colleagues,” Mauleón said. “Part of my skepticism is that it feels even less likely that they’re going to intervene in the enforcement of an agency that they’re not connected to.”
Why federal officers don’t have absolute immunity.
Deployments of ICE and CBP officers to cities around America has caused confusion about the distinctions between these federal agents and regular law enforcement officers. One key difference is that state and local police are not federal officers, and federal officers operate under different authorities than those granted to state and local police.ICE and CBP cannot be held accountable in the same ways as state and local police if they violate state law on the job, and claims have begun to circulate from the vice president and others that federal agents actually have “absolute immunity” from prosecution for their activities at the state level. They’re wrong: federal agents can face state criminal penalties, including prison time, for violent, illegal conduct on the job.
What immigration agents can — and can’t — do under the law.
Federal agents are subject to the same standards for the use of force as state and local authorities.“The governing standard for use of force for both state, local and federal law enforcement is all the same,” Mauleón tells TIME. “We are all afforded rights under the Constitution that ensure our security against unreasonable searches and seizures. That’s the Fourth Amendment, and so that is the applicable standard for the use of force. And agents are allowed to use force that is necessary and proper to effectuate their lawful authority.”
He explains that the deadly use of force is only permitted in instances of an imminent risk of serious bodily injury or death. “It’s a high standard, but courts tend to be fairly deferential to officers’ perceptions,” he notes, adding that video footage is used as a more reliable means of evaluation of whether events meet such criteria.
DHS policy states that its officers “are permitted to use force to control subjects in the course of their official duties as authorized by law, and in defense of themselves and others,” limiting the force they use to what is “objectively reasonable in light of the facts and circumstances.”
Can local police arrest ICE agents? What to know as immigration raids grow.
Legal experts say federal agents can face arrest or prosecution under state law if they commit crimes that fall outside their official duties; for example: excessive force, assault, or other criminal acts unrelated to enforcing immigration law.In rare cases where state or local authorities have charged a federal officer, courts first decide whether the conduct was part of their federal duties.
If it was, the officer is typically protected by federal immunity under the Supremacy Clause. If it wasn’t, meaning the agent acted personally or unlawfully, the case can proceed under state law.
In California, San Francisco District Attorney Brooke Jenkins said her office would review any “clear, excessive use of force” by federal agents and file charges if warranted.
Lastly, I asked Claude, an A.I. model this question: “What if ICE agents are assaulting a defenseless person to the point their life is in danger. Can local police step in and save the person from death?” Claude responded with…
Yes, local police could and should intervene if anyone – including a federal agent – is using excessive force that creates imminent danger of death or serious bodily harm.
The legal principles:
Federal agents are not above the law. They:
- Must comply with constitutional protections against excessive force (4th Amendment)
- Can be held criminally liable for assault, battery, or civil rights violations
- Don’t have blanket immunity to commit violent crimes
Local police have a duty to protect people from imminent serious harm, regardless of who’s causing it. If someone is literally being beaten to death, officers witnessing this generally have both the legal authority and professional obligation to intervene.
The practical complications:
While legally possible, this scenario would be extremely complex:
- Qualified immunity makes federal agents hard to prosecute
- Political/institutional pressure – local officers might face severe consequences for interfering with federal operations
- Conflicting chain of command creates confusion about authority
- Proving excessive force can be difficult in the moment
- Such interventions are extraordinarily rare in practice
What would more likely happen:
- Officers might try to de-escalate verbally
- They might document/record the incident
- They could call supervisors on both sides
- Medical assistance could be called
A local officer physically restraining an ICE agent would likely trigger a major legal and political crisis, even if justified. But if the choice is genuinely between intervening and watching someone die from an unlawful beating, the law does provide authority to act.
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