After reviewing hours of body-worn cameras and video from Elgin police vehicles, Kane County State’s Attorney Jamie Mosser stated in a news release that she could not charge federal ICE agents for their actions last December.

One was a Dec. 6 incident on Maple Lane where a federal vehicle crashed into a tree and another vehicle while pursuing an undocumented man. Several hundred local residents and members of a Rapid Response Team assembled and protested and agents told people to get on the sidewalk, according to the news release.

“Several individuals were yelling obscenities, throwing things at the agents and disobeying lawful orders to back up and move away from the scene of an enforcement action,” the release stated.

Others were complying, including a man identified in the release as Male Victim #1 and a woman identified as Female Victim #2.

“Male Victim #1 is seen to comply with the orders and looks at the federal agent,” the release stated. “The agent then raises his PepperBall gun from a short distance away and shoots Male Victim #1 in the face. The pepper ball ricochets off of the male victim’s face and hits the female victim in the face as well.”

Under normal circum stances, that use of force would be considered aggravated battery under Illinois law, according to the release.

“However, federal law constrains my ability to charge federal agents when they commit state crimes,” Mosser stated in the release. “The Supremacy Clause of the Constitution has been construed to provide constitutional protections to federal agents during the execution of official duties.”

Mosser further cited U.S. Supreme Court rulings that a state court has no criminal jurisdiction over a federal agent performing an act authorized by U.S. law and that the agent did “no more than what was necessary and proper for him to do.”

“Federal circuit courts have held that the agent’s actions need to have only a reasonable relation and connection to his official duties,” Mosser stated in the release. “They have also held that the agent must only show that he reasonably thought his actions to be necessary and justifiable. A mistake in judgment is not enough.”

The court must also be objective when looking at a federal agent’s use of force, taking in the totality of circumstances, the release stated.

“As reprehensible as the action was of this federal agent, under federal law, I am not able to charge the federal agent with the state offense of aggravated battery,” Mosser stated in the release.

Besides that, the ICE agents involved were not identified.

Referring to video of the incident, Mosser stated that she hoped it would be used “to discipline this agent and train him on proper police tactics.”

A second incident occurred when a federal ICE agents tackled a man and took him to the ground.

Under Illinois law, a person cannot resist an arrest even if he believes the arrest is not lawful, and the arrest is, in fact, unlawful, the release stated.

While there is no video of what happened before, several people were arguing with federal agents and people threw snowballs and other items at them, the release stated.

“Some of the federal agents appear to not be attempting any de-escalation techniques,” Mosser stated in the release. “Federal agents were pepper-spraying members of the community, walking in and out of the large crowd, engaging in banter with the protestors, raising non-lethal weapons, and even unholstering their guns. All the while, some of the protestors were not complying while many were.”

Mosser’s investigation also found no Elgin police officer violated the Trust Act or assisted in the immigration enforcement.

If Elgin police had interfered with federal immigration enforcement, they could have been arrested ande prosecuted or obstruction, the release stated.

Moving forward, Mosser and the Elgin police chief are proposing changes to the Trust Act to reduce the number of incidents like these.

“Our proposals include allowing federal authorities to notify local police of enforcement activities that may result in public unrest or protests,” Mosser stated in the release.

Five videos of the incidents and related details are available online at youtube.com.