Governor Hopeful Plans Kidnapping Charges Against ICE Agents

Police U.S. Border Patrol uniform close-up.

A California congressman running for governor just promised to revoke driver’s licenses and bar from state jobs federal immigration agents who refuse to remove their masks while on duty.

Story Snapshot

Rep. Eric Swalwell pledged to revoke ICE agents’ driver’s licenses and ban them from state employment if they refuse to unmask while working in California
The proposals come after Swalwell faced fierce criticism for voting to thank ICE in 2025, creating a major vulnerability in his gubernatorial campaign
Swalwell vowed to aggressively prosecute ICE agents for crimes including kidnapping, assault, and murder under state law
All Democratic gubernatorial candidates have condemned ICE, but Swalwell’s personal punishment proposals represent the most extreme positions in the race
The congressman acknowledged his proposed policies would likely face significant legal challenges but did not explain how he would implement them

A Dramatic Reversal on Federal Immigration Enforcement

Eric Swalwell stood before a Sacramento town hall audience on April 8, 2026, and declared war on federal immigration agents. The Democratic congressman from east of San Francisco promised to make Immigration and Customs Enforcement agents ineligible for state jobs and strip their driver’s licenses if they refused to identify themselves publicly. “They think they’re invincible. They’re not,” he told the crowd. His proposals marked a stunning pivot from just months earlier, when he voted with 74 other Democrats to thank ICE for its service.

The shift exposed a fundamental problem for Swalwell’s gubernatorial ambitions. His 2025 vote supporting a GOP resolution expressing gratitude to law enforcement, including ICE, following an attack on a Colorado demonstration supporting Israeli hostages became political poison in California’s Democratic primary. Rival candidates pounced mercilessly. Former Los Angeles Mayor Antonio Villaraigosa called the position “shamefully hypocritical.” Former Representative Katie Porter declared “ICE needs to be abolished, not thanked,” conveniently omitting her own record of voting to fund the agency during Trump’s first term.

The Race to the Left Accelerates

California’s 2026 gubernatorial race transformed into a contest over who could demonstrate the most aggressive opposition to federal immigration enforcement. Every Democratic candidate condemned ICE during debates, but Swalwell attempted to leapfrog his opponents with proposals targeting individual agents rather than systemic reform. He pledged to aggressively prosecute ICE agents for kidnapping, assault, and murder under state law. He promised to abolish the agency entirely and eliminate its funding. He demanded agents remove masks and display official identification.

Billionaire Tom Steyer countered by supporting abolishing ICE “as it exists today” and replacing it with a “lawful, accountable immigration system rooted in due process and public safety.” State education chief Tony Thurmond attacked both Swalwell and Porter through political advertising for their past ICE funding votes. The competition intensified against the backdrop of Trump administration immigration enforcement that deployed the National Guard to Los Angeles and conducted large-scale sweeps in summer 2025.

Legal Reality Versus Campaign Rhetoric

Swalwell acknowledged his proposals would likely face legal challenges but offered no details on implementation. The question of whether a state governor can revoke driver’s licenses or ban federal agents from state employment based on their performance of federal duties invites immediate constitutional litigation. The supremacy clause gives federal law precedence over conflicting state laws. Federal agents operating under federal authority typically enjoy immunity from state prosecution for actions taken within their official capacity.

The congressman positioned himself as “battle-tested” against Trump, citing his role as House manager for the president’s second impeachment trial. He framed the governor’s primary responsibility as keeping “Donald Trump and ICE out of our streets and out of our lives.” This rhetoric resonates with California’s sanctuary state positioning but crashes against the reality that governors lack authority to obstruct federal law enforcement conducting lawful operations. The proposals function better as campaign positioning than governing strategy.

A Troubling Pattern of Escalation

The Democratic field’s unanimous condemnation of federal immigration enforcement reveals how far left California politics has shifted. When all candidates compete to demonstrate the strongest opposition to a federal law enforcement agency, the incentive structure encourages increasingly extreme proposals. Swalwell’s focus on personal punishment of individual agents crosses a concerning line from policy disagreement to threatening the livelihoods of federal officers performing their lawful duties.

A Top Democrat in California's Governor Race Just Vowed to Take the Most Extreme Position Yet on ICE https://t.co/RiixIfJDlC

— Yvette B Colon (@col78086) April 15, 2026

The disconnect between Swalwell’s 2025 vote thanking ICE and his 2026 promises to destroy agents’ careers suggests political opportunism rather than principled conviction. California voters deserve leaders whose positions reflect genuine beliefs rather than whatever stance polls best in a Democratic primary. The state faces real challenges regarding immigration policy, public safety, and relations with federal authorities. Campaign promises that acknowledge their own legal impossibility contribute nothing to solving actual problems. They simply raise the rhetorical temperature while offering immigrant communities false hope and federal agents legitimate grievances about state officials threatening their fundamental rights.