ICE OUT Act
Rep. Goldman's ICE OUT Act Would Strip Qualified Immunity From Immigration Agents in Excessive Force Cases
Legislative Progress
Key Points
- This bill, introduced by Representative Goldman, changes the rules for when people can sue federal immigration and border agents. It focuses on 'qualified immunity,' which is a legal rule that often protects government workers from being sued for actions they take while on the job.
- If an ICE or Border Patrol agent is accused of using excessive force, they would no longer be allowed to use qualified immunity as a defense. This makes it easier for people who claim they were hurt by agents to take their case to court and potentially receive payment for damages.
- For other types of legal claims, the bill requires courts to first decide if an agent actually broke the law or violated someone's constitutional rights. Under current rules, courts can sometimes dismiss a case simply because the specific right wasn't 'clearly established' in a previous court case.
- The goal of this change is to hold federal immigration officers more accountable for their actions. Supporters believe it will protect the civil rights of people living near the border or interacting with immigration enforcement, while critics may worry it makes it harder for agents to do their jobs.
Impact Analysis
Personal Impact
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.
Broader Impacts
State Impacts
Milestones
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.
Votes
No votes have been recorded for this legislation yet.
Related News
3 articlesGoldman introduces bill to end qualified immunity for ICE, Border Patrol agents
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.
Rep. Dan Goldman introduces bill to end 'qualified immunity' for ICE, CBP agents
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.'
Goldman Bill Targets Immunity for Immigration Agents
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.
Source Information
Document Type
Congressional Bill
Official Title
ICE OUT Act
Data Sources
Sponsor
Cosponsors
(4)Political Response
Analysis generated by AI. Always verify with official sources.