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Democrats Unveil Bill to End Qualified Immunity for ICE and CBP Agents

Slim prospects in a GOP House push the accountability fight to state courts, FTCA claims.

Overview

  • Reps. Dan Goldman and Eric Swalwell introduced the ICE OUT Act, which would eliminate qualified immunity for immigration agents and codify a right to sue federal officers for constitutional violations.
  • Lawmakers in at least eight states, including California, Colorado, New York, Minnesota, Rhode Island, Oregon, Virginia and Washington, have proposed measures to let residents sue federal immigration officers.
  • Illinois enacted a law allowing suits against federal officers who knowingly violate rights, and the Department of Justice has filed a lawsuit challenging that statute.
  • The legislative push follows the fatal shootings of Minnesota residents Renee Good and Alex Pretti by federal officers in Minneapolis, which intensified demands for accountability.
  • Civil-rights attorneys are urging use of the Federal Tort Claims Act to seek damages from the U.S. government, citing past seven-figure recoveries and noting strict filing timelines and limits after the Supreme Court’s narrowing of Bivens claims.