A federal immigration officer in Colorado faces criminal charges after allegedly using a chokehold on a protester, setting up a potential legal battle over how far states can go in prosecuting federal agents for excessive force.
Prosecutors in Colorado announced Wednesday that the officer has been hit with third-degree assault and criminal mischief charges following their investigation into the October incident involving a demonstrator in Durango.
Video footage captured a masked federal agent grabbing 57-year-old Franci Stagi by the neck during protests outside an immigration facility. Stagi claims she was placed in a chokehold during the confrontation.
The charges come as Colorado joins other states in restricting or banning chokeholds and similar restraint techniques by law enforcement. However, federal agents typically enjoy broad immunity protections under constitutional and federal statutes that can shield them from local prosecution.
This Colorado case represents part of a growing pattern of state-level investigations into federal immigration enforcement methods under recent administration policies.
In Minnesota, prosecutors have filed second-degree assault charges against Immigration and Customs Enforcement officer Gregory Donnell Morgan Jr. for allegedly drawing his weapon on vehicle occupants during a highway encounter. Morgan claimed he felt threatened when the car swerved near him, according to investigators.
Minnesota authorities are also pursuing legal action to obtain evidence related to three shooting incidents during immigration operations, including fatal encounters involving Renee Good and Alex Pretti.
Near Chicago, an off-duty ICE agent faces misdemeanor battery charges for allegedly throwing a 68-year-old protester to the ground at a gas station in December while the individual was recording video. The Department of Homeland Security maintains the agent was acting in self-defense.
In California, the fatal New Year’s Eve shooting of 43-year-old Keith Porter by an off-duty ICE agent has sparked demonstrations and demands for an independent probe.
Federal law enforcement personnel typically receive extensive legal protections while performing official duties, and the Justice Department has strongly opposed state attempts to arrest or charge federal agents.
U.S. Deputy Attorney General Todd Blanche stated late last year that arresting federal officers during duty performance would be “illegal and futile,” referencing constitutional supremacy provisions and federal statutes.
However, legal scholars note these protections have limits and that supremacy clauses don’t create unlimited immunity from prosecution.
ICE operations face heightened examination amid rapid personnel expansion and concerns that background screening for new hires may have been inadequate.
The Colorado confrontation stemmed from October 27 protests following the detention of three Colombian asylum seekers – an adult and two minors – who were traveling to school that morning. Demonstrators later assembled outside the ICE facility in Durango, a mountain college community popular with outdoor enthusiasts.
Video evidence shows the masked agent restraining Stagi in what she characterized as a chokehold. Such restraint techniques have become central to debates over excessive force since Eric Garner’s 2014 death in New York following a police chokehold incident.
Stagi, who previously worked as a hypnotherapist before retiring, said she touched the agent’s shoulder to gain his attention. She alleges he then seized her hair, wrapped his arm around her neck, and dragged her across the street by her head before pushing her down a nearby slope.
Charging documents name Customs and Border Protection officer Nicholas Rice as the defendant in the third-degree assault case, alleging he caused physical harm to Stagi. The documents don’t detail her specific injuries or reference chokehold allegations. No legal representation for Rice was listed in court filings.
U.S. Customs and Border Protection, which initiated its own internal investigation, has not responded to inquiries about the criminal charges.
While Stagi expressed disappointment that Rice faces lesser charges, she hopes the prosecution demonstrates that immigration officers cannot use excessive force or tackle individuals without justification.
