Francisco Rivera Juaristi was quoted by Capital and Main and MSN.com about the possibility of Trump administration officials being prosecuted for immigration policies.
According to Francisco Rivera Juaristi, founding director of the International Human Rights Clinic at Santa Clara University School of Law, Stephen Miller, as a senior adviser to the president, and, importantly, a government employee, is immune from prosecution.
“Under the Federal Tort Claims Act, to sue a government agent for a tort involving wrongful or negligent acts, you would have to allege that s/he acted outside the scope of her or his office or employment, in order to overcome a government employee’s absolute immunity defense,” Juaristi wrote in an email.
