Speaker Emerita Nancy Pelosi (D-CA) and Rep. Kevin Mullin (D-CA) issued a joint statement Wednesday declaring that California law enforcement could arrest federal agents if they violate state law while enforcing federal immigration policies. The statement follows reports of an anticipated federal immigration enforcement surge in the Bay Area.
“While the President may enjoy absolute immunity courtesy of his rogue Supreme Court, those who operate under his orders do not,” the lawmakers stated. “Our state and local authorities may arrest federal agents if they break California law — and if they are convicted, the President cannot pardon them.”
The claim is based on a strategy reportedly developed by San Francisco District Attorney Brooke Jenkins, who said she began reviewing legal options after witnessing federal agents allegedly using excessive force in cities like Los Angeles and Chicago. Jenkins noted that while she would not encourage direct confrontations or street arrests, her office could issue warrants for agents identified in surveillance footage.
Legal scholars, however, question the viability of such prosecutions. Erwin Chemerinsky, dean of the Berkeley School of Law, emphasized that as long as federal agents are operating within their legal authority, states cannot prosecute them, regardless of political disagreements. He noted, “The state can’t prosecute them and hold them liable, even if it dislikes what they’re doing.”
The effort appears aimed at federal immigration officers, including ICE and CBP agents, some of whom operate in plain clothes and without identification. California recently passed a law barring federal agents from wearing masks during operations, but that statute does not take effect until January and is expected to face legal challenges.
The situation highlights growing tensions between Democrat-led local governments and federal immigration enforcement under President Donald Trump. For conservative and faith-based voters focused on the rule of law, border security, and federal authority, California’s move could be seen as an unprecedented challenge to constitutional norms and national sovereignty.
