Rep. Goldman's ICE OUT Act Would Strip Qualified Immunity From Immigration Agents in Excessive Force Cases
ICE and CBP agents — who are federal employees — would face significantly increased personal legal liability. In excessive force cases, they could no longer use qualified immunity as a shield against lawsuits. For other claims, courts would be required to analyze whether the agent actually violated someone's rights before considering immunity, making it harder to get cases dismissed early. This could affect recruitment, morale, and how agents approach enforcement situations.
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
No votes have been recorded for this legislation yet.
Rep. Dan Goldman (D-N.Y.) introduced the ICE OUT Act to eliminate qualified immunity for ICE and CBP agents. The bill aims to allow individuals to sue for civil rights violations, specifically targeting the legal shield that often protects federal agents from personal liability.
The ICE OUT Act would strip federal immigration agents of qualified immunity in cases of excessive force. It also requires courts to determine if a constitutional right was violated before dismissing cases based on whether the right was 'clearly established.'
The proposed ICE OUT Act would prevent immigration officers from using the qualified immunity defense in civil rights litigation. This would facilitate lawsuits against agents for alleged constitutional violations occurring during enforcement actions.
Document Type
Congressional Bill
Official Title
ICE OUT Act
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