A former DOJ and FBI official argues Congress should turn the Justice Department’s 1995 deadly-force policy into a federal criminal statute governing agents who use lethal force.
The proposal would allow deadly force only when necessary and would impose graduated criminal penalties for unlawful force that causes no injury, injury or death.
He says Supreme Court case law from 1985 onward—covering Edward Garner, William James Caldwell and Ashtian Barnes—sets constitutional limits, but civil litigation is slow, uneven and often paid by the government rather than offending officers.
The article points to a $3 million award in the killing of 18-year-old Zachary Champommier as evidence that after-the-fact settlements do little to deter future shootings.
Framed as a federal accountability measure, the proposal argues criminal sanctions would better protect lives than relying on years-long court battles after a shooting.
If stricter use-of-force laws are passed, how can we ensure officer safety in high-stakes situations?
Why do multimillion-dollar settlements for police violence often fail to result in officer accountability?
Can successful local police reforms provide a viable blueprint for a new federal accountability law?
Renewed Demands for Federal Officer Accountability: Legislative Proposals to Criminalize Unlawful Deadly Force in the Wake of 2026 ICE Shootings
Overview
The fatal shooting of Joan Sebastian Guerrero by an ICE agent in Biddeford, Maine, on July 13, 2026, quickly drew national attention and sparked intense public outcry. The lack of video evidence to support the government's account, combined with a pattern of federal agents firing on individuals—often while they were in vehicles—raised serious concerns about transparency and accountability. Previous cases where video evidence contradicted official statements fueled further distrust. As a result, the Guerrero incident led to widespread demands for justice, full investigation, and broader protests calling for systemic reform of federal law enforcement practices.