Rep. Pressley Leads Legislative Push to End Qualified Immunity

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.

Visa holders who encounter ICE or CBP agents — such as during border crossings, airport inspections, or immigration check-ins — would benefit from stronger legal protections against excessive force. If agents violate their rights, visa holders would have a clearer path to sue without the case being thrown out on qualified immunity grounds.

Green card holders who interact with immigration enforcement would gain the same enhanced ability to sue agents for excessive force or constitutional violations. While green card holders have more legal standing than undocumented immigrants, qualified immunity has still blocked many lawsuits. This bill would remove that barrier in excessive force situations.

Naturalized citizens, who are sometimes mistakenly targeted by immigration enforcement or encounter CBP at borders and ports of entry, would benefit from the removal of qualified immunity in excessive force cases. This gives them a stronger legal tool if they are wrongly subjected to force by federal immigration agents.