Cities and states must hold ICE accountable for violence. The feds won’t | Kristy Parker and Samantha Trepel

Last Wednesday, an Immigration and Customs Enforcement (ICE) agent shot and killed Renee Good, a 37-year-old American mother. Already, the federal investigation into the killing raises serious concerns, which is why the parallel investigation Minnesota officials are conducting is vital.

Mere hours after Good’s death, the Trump administration prejudged the case before any investigation could begin. The administration was swift to blame the victim, with the president and the DHS secretary making disparaging, accusatory, and prejudicial statements about her motives and conduct; Donald Trump said she was a “professional agitator” who had “viciously” run over the officer, while Kristi Noem accused her of “domestic terrorism”. Additionally, JD Vance, the vice-president, incorrectly claimed the shooter had “absolute immunity” from criminal prosecution by state officials. And the FBI has shut state investigators out.

These responses are not the way government officials should ever treat a use of deadly force by a law enforcement officer, much less before investigating. And indeed, the administration’s claims – made within 24 hours of the killing – are not consistent with what is known about Good and her actions.

As former federal prosecutors who spent decades in the justice department’s civil rights division investigating law enforcement uses of force, we know that an incident like this must be followed by a credible investigation that produces a complete explanation of what happened and why – and who, if anyone, needs to be held accountable.

Constitutional democracy depends on ensuring that those who exercise government power do it lawfully. Even when a use of force turns out to be legally justified, meaningful investigations make us all safer – the public and law enforcement officers alike. Credible investigations can deter violence by ensuring consequences for illegal acts, build public trust in law enforcement and help prevent future loss of life. Even if the federal government brings no charges, the public deserves an account of its investigative efforts and decision. The Department of Justice – including during the first Trump administration – has provided this transparency following previous investigations into law enforcement violence, as in the cases of Freddie Gray, Tamir Rice and Michael Brown.

As the current administration’s justice department has all but abandoned its responsibility to ensure federal officers respect the constitution, and as administration officials’ remarks suggest that only one outcome of its investigation is acceptable, Minnesota officials have announced an independent review of the fatal shooting. The state should continue to press forward with its investigation even in the face of federal obstruction, and other state and local jurisdictions should prepare to follow suit.

The administration has made clear, even before last week, that it will not meaningfully investigate violence by federal officers. It has decimated our former office, the civil rights division, once home to a wealth of experts with decades of experience in handling these investigations, and it has reportedly excluded the few who remain from this investigation. Veteran federal criminal prosecutors in Minnesota and our former office have reportedly quit over how the investigation is being handled.

The justice department appears to have ignored alleged uses of excessive force by federal agents over the past year in Chicago, Los Angeles, Portland, the District of Columbia and other cities, including a series of incidents in which federal officers deployed rubber bullets and pepper balls against clergy, journalists and peaceful protesters. In Chicago, a federal judge found not only that agents had used excessive force but that some, including a senior border patrol official, had lied about it under oath. So even as the Department of Justice claims it is investigating the Minnesota shooting, the public should hesitate to trust the outcome.

Against this backdrop, states and localities can and should step forward to fill the void. Like in Minnesota, officials in Oregon are now investigating two recent ICE shootings in Portland. Given the Trump administration’s rush to judgment, state and local law enforcement are right to conduct their own investigations. If the federal government attempts to deny these authorities access to witnesses and other evidence, there is much that states can do even in the face of federal obstruction, including interviewing bystander witnesses, consulting with use-of-force experts, gathering publicly available information on federal policies and procedures, and enhancing and analyzing available videos of violent incidents.

State governments should also consider creative solutions, including a so-called “universal constitutional remedies” act that allows individuals to hold federal officials accountable for violating the constitution, and accountability commissions, to document unlawful conduct by federal agents and make recommendations for legal and policy changes to better protect state residents.

What’s happening in Minnesota is a culmination of months of aggressive tactics by ICE in cities and states across this country. In this moment, we cannot rely on this administration to conduct fair and thorough investigations – but we can and should look to state and local leaders. Their efforts are crucial to keeping our communities safe and seeking accountability.

• Kristy Parker is a former prosecutor in the justice department’s civil rights division and current special counsel at Protect Democracy. Samantha Trepel is a former prosecutor in the justice department’s civil rights division and current rule of law program director at the States United Democracy Center