The removal statute specifically requires that the person be a federal officer AND acting under color of his or her office.
If I am acting pursuant to a federal law, that doesn't make me a federal officer.
The only reason I can see for trying to raise this argument is court is to try to establish their first prong: They want to try to establish that they were not "fake," they were alternate.
The argument does not help with removal. At all.
2/