Eric P. Murray, district attorney for Colorado's 6th Judicial District, announced Tuesday he is charging U.S. Customs and Border Protection Officer Nicholas Rice with third-degree assault and criminal mischief in connection with an incident at an ICE facility in Durango, Colorado.
The alleged assault occurred during an immigration enforcement activity on October 27-28, according to the DA's office. Anne Francesca Stagi told investigators that Rice knocked her phone out of her hand while she was protesting outside the U.S. Immigration and Customs Enforcement facility.
Video of the incident shows Stagi holding her phone in front of a masked immigration agent's face before the agent grabs it. According to the footage, Stagi then grabbed the officer's shoulder as he walked away, at which point he grabbed her and, along with other federal agents, brought her to the ground. Stagi claimed the officer placed her in a chokehold and that she continues to experience pain when putting on a jacket.
What the Left Is Saying
Progressive advocates and Democratic officials have praised the Colorado DA's decision as an important check on federal power. State-level prosecutors argue that local law enforcement has both the authority and responsibility to investigate incidents involving their constituents, regardless of whether the alleged perpetrator is a federal agent.
The Colorado Bureau of Investigation opened a probe into the incident at the request of Durango Police Chief Brice Current, providing an independent state-level review of the facts. Supporters note that this represents accountability for federal officers operating within state jurisdiction, and they point to the video evidence as supporting the charges.
Civil liberties advocates have emphasized that protesters retain their rights even at federal facilities, and that force used against peaceful demonstrators should be subject to the same scrutiny as any other assault allegation. They argue that declaring certain actors immune from state prosecution creates a two-tiered system of justice.
What the Right Is Saying
Conservative Republicans and federal law enforcement allies have condemned the prosecution as an unlawful overreach that undermines federal immigration authority. The Department of Homeland Security called the charges a 'political stunt' and 'unlawful,' arguing that states have no jurisdiction to investigate or prosecute federal officers acting in their official capacity.
DHS stated that 'federal officers acting in the course of their duties can only be investigated by other Federal agencies,' a position supported by legal arguments about federal supremacy in immigration enforcement. The agency maintains it is still investigating the case internally.
Republican officials have argued that prosecuting federal immigration officers for actions taken during enforcement discourages law enforcement from carrying out their duties. They point to the broader context of immigration enforcement and suggest this prosecution could embolden protesters to interfere with federal operations. The right argues that such prosecutions create a hostile environment for federal agents performing necessary border security functions.
What the Numbers Show
The charges filed include third-degree assault, which in Colorado typically involves knowingly causing bodily injury to another person, and criminal mischief, which covers property damage — in this case, the alleged destruction of the phone.
The Colorado Bureau of Investigation conducted an independent review of the incident at the request of local law enforcement before the DA's office made its charging decision. The Durango Police Department referred the matter to CBI after Chief Brice Current requested an investigation.
Federal immigration enforcement in Colorado has drawn significant public attention, with protests occurring regularly outside ICE facilities. The state has seen multiple confrontations between protesters and federal agents over the past two years, though criminal charges against officers remain rare.
The Department of Homeland Security has not indicated whether it will pursue any internal disciplinary action against Officer Rice. The agency told the Associated Press it is still investigating the case.
The Bottom Line
The prosecution represents an unusual instance of a state district attorney pursuing criminal charges against a federal law enforcement officer for conduct during immigration enforcement. The case raises fundamental questions about the boundary between state and federal authority, and whether local prosecutors can hold federal officers accountable for actions taken in their official capacity.
The outcome could establish precedent for similar cases nationwide. If the charges proceed, it may embolden other states to pursue prosecutions of federal officers. If dismissed or acquitted, it will likely reinforce the legal doctrine that federal agents operate beyond state jurisdiction.
DHS has called the prosecution unlawful and continues its own internal investigation. The case is expected to involve significant legal arguments about federal supremacy, qualified immunity, and the jurisdiction of state courts over federal actors. Both sides have indicated they will vigorously contest the matter.