What’s the punishment for attacking ICE agents? Violence carries heavy penalties
The deadly attack at a Dallas ICE field office on Wednesday prompted FBI Director Kash Patel to warn that the government will “see to it that those who target our law enforcement are pursued and brought to the fullest extent of justice.”
The shooting that killed one detainee and wounded two others is the latest in a string of attacks directed at Immigration and Customs Enforcement in the past few months.
The Washington Post reported that the U.S. Department of Homeland Security, which is over ICE, recorded at least 79 assaults on ICE officers during the first half of the year, compared with 10 during the same period in 2024.
Here’s what state and federal laws say about the penalties for assaults or attacks on federal law enforcement officers, including ICE agents and those working with them.
What Texas laws say about attacking federal ICE agents
Since ICE agents are federal employees, attacking one would be a federal crime and thus federally charged.
It is a violation of federal law to forcibly assault, resist, oppose, impede, intimidate or interfere with ICE agents while they perform their duties. Such acts don’t have to be physical. According to Heath Hyde, a federal criminal defense attorney in Texas, verbal threats can be criminally prosecuted.
An “assault” could mean many things and doesn’t have to result in physical injury, Hyde’s website says.
- Simple assault: Lunging at an agent or making a verbal threat. Anything that could cause fear of bodily harm.
- Assault with physical contact: Pushing, shoving or spitting on an agent.
- Assault with deadly weapon or bodily harm: Doing/using anything to cause bodily injury, using a firearm, knife or even vehicle to harm an agent.
The law also protects employees who are working with the federal agents (who may not be a federal employee themselves).
What are the penalties for attacking an ICE agent?
Penalties vary depending on the nature of the assault and injuries.
According to federal law:
- Simple assault: Up to one year in federal prison, a fine or both.
- Assault with physical contact: Up to eight years in federal prison, a fine or both.
- Assault with deadly weapon or bodily harm: Up to 20 years in federal prison, a fine or both.
If the attack results in the death of an ICE agent, whether it be murder or manslaughter, punishments can include life imprisonment or the death penalty, per the Federal Death Penalty Act.
“The jury must agree on the existence of at least one of the statutory aggravating factors if the defendant is to be sentenced to death,” according to the government.
Murder of a law enforcement officer is considered to be an aggravating factor.
- For murder (intent to kill), penalties would include life imprisonment or the death penalty.
- For manslaughter, penalties differ depending on voluntary or involuntary manslaughter. Voluntary (sudden, passion in the moment) penalty is prison for up to 15 years, a fine or both. Involuntary (unintentional but still reckless) punishment is up to eight years, a fine or both.
- For attempted murder, penalties include prison for up to 20 years, a fine or both.
- For attempted manslaughter, penalties include prison for up to seven years, a fine or both.