Are they engaged in any lawful activity? Not lawful intent, but rather lawful execution?
What will matter will, I think, be the particular activities they engaged in with regards to the victim. Based on the video, very clear case to be made that they were attempting to detain her. One person ordered her out of the vehicle, someone also went for her door handle- maybe the same person? Someone else may have been yelling at her to move. Someone confusion there. But it’s pretty evident that their attempted detention predicated her moving her car to try to get away. ICE have specific and limited legal authorities. In that interaction, were they acting within them?
I’ll also want to know what steps were taken to identify themselves as police and establish any legal obligation by her to comply. They were in an unmarked vehicle in plainclothes and wearing face masks. They appeared to have body armour that say “POLICE FEDERAL AGENT” on the front if one pauses to read it. The only speaking I could hear in the video, however, was “Get out of the car. Get out of the fuckin’ car.”
As the videos start, her car is diagonal across the lane. Another car is diagonal across the lane in front of her with its driver door open and blocking the road, and I believe an ICE officer is out and at the rear of her vehicle filming. I
think that individual was the shooter, and some sort of interaction was already happening. A civilian appears to be within feet of that officer and is filming just before but I think not during the shoot. That recording of any interaction will be key evidence.
For anyone interested, DHS’ use of force policy is available online. It’s pretty decently written actually:
https://www.dhs.gov/sites/default/files/2023-02/23_0206_s1_use-of-force-policy-update.pdf