U.S. Immigration and Customs Enforcement (ICE) has publicly accused Politico senior legal affairs reporter Josh Gerstein of inciting violence against federal agents.
The allegation stems from Gerstein’s commentary on an ongoing citizen journalist investigation into alleged fraud in Minnesota’s social services programs, particularly involving federally funded home daycares.
Gerstein was commenting on videos posted by 23-year-old conservative journalist Nick Shirley, who visited sites claimed to be Somali childcare facilities receiving federal funds but appearing to operate without any children present.
On Monday, Gerstein questioned the tactics of the “amateur effort to knock on doors of home daycares.”
“At some point, the amateur effort to knock on doors of home daycares intersects with robust stand-your-ground laws,” the reporter wrote.
At some point, the amateur effort to knock on doors of home daycares intersects with robust stand-your-ground laws
— Josh Gerstein (@joshgerstein) December 30, 2025
Stand-your-ground laws, as referenced by Gerstein, allow individuals to use deadly force if they perceive an imminent threat in places where they have a legal right to be.
However, Minnesota’s self-defense laws permit force inside the home but require retreat in public spaces before resorting to violence, according to the National Conference of State Legislatures. Someone knocking on your door, without forcing themselves inside, would not apply.
ICE responded sharply on Tuesday via its official X account, writing to Gerstein, “You would think a ‘Senior Legal Affairs Reporter’ for POLITICO would know better than to tweet something inciting violence against federal agents.”
You would think a “Senior Legal Affairs Reporter” for POLITICO would know better than to tweet something inciting violence against federal agents. https://t.co/u8V0xVJjFY
— U.S. Immigration and Customs Enforcement (@ICEgov) December 30, 2025
ICE’s post gained over 16,000 “likes” by the following afternoon.
Gerstein fired back later that day, defending his statement. He wrote, “To observe that something is likely to happen or there’s a serious risk of it happening is not to advocate for it happening.”
To observe that something is likely to happen or there’s a serious risk of it happening is not to advocate for it happening
— Josh Gerstein (@joshgerstein) December 30, 2025
As of Wednesday afternoon, no formal charges have been filed against Gerstein, and Politico has not issued a public statement on the matter.
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