Qualified Immunity Abolition Act of 2026

Federal law enforcement officers — including FBI agents, DEA agents, Border Patrol agents, and others — would lose qualified immunity protections. This means they could be personally sued for actions taken on the job, even if they believed their conduct was legal at the time. The bill specifically extends Section 1983 liability to federal officers acting under federal authority, which is a significant expansion beyond existing law.

Veterans who are also law enforcement officers could face new personal liability in civil rights lawsuits. On the other hand, veterans who experience civil rights violations by police would have a much easier path to holding those officers accountable in court.

Immigrants who have their constitutional rights violated by federal, state, or local law enforcement would have a much stronger ability to sue those officers in civil court. The removal of qualified immunity means officers could no longer escape accountability by arguing the law wasn't clearly established or that they acted in good faith.

Undocumented individuals who experience excessive force or other civil rights violations by law enforcement — including federal immigration officers — would gain stronger legal recourse. Since the bill covers federal law enforcement acting under federal authority, this directly applies to encounters with agencies like ICE and Border Patrol.

People with criminal records often have frequent interactions with law enforcement and are disproportionately affected by police misconduct. Removing qualified immunity would give them a more realistic path to holding officers accountable when their constitutional rights are violated during arrests, searches, or other encounters.