U.S. citizens wrongfully arrested or detained by immigration authorities could receive at least $500,000 in damages under a new bill introduced in Congress.
Democratic Rep. Teresa Leger Fernández of New Mexico introduced the Justice for Citizens Wrongfully Detained by ICE Act on Thursday. Bonnie Watson Coleman, a New Jersey Democrat, is the only co-sponsor at the time of writing.
The legislation would establish a specific cause of action for U.S. citizens arrested or detained by immigration officers, or other law enforcement officers enforcing immigration laws, without a warrant or probable cause on or after January 20, 2025. Those citizens could bring a lawsuit in federal district court against the officer involved and the U.S.
If a court ruled in favor of the plaintiff, the bill would require an award of $500,000, plus another $100,000 for each day the person remained detained after the initial day of arrest or detention. Successful plaintiffs would also be entitled to reasonable attorney's fees and costs, as well as appropriate injunctive or declaratory relief.
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The legislation would also prevent federal immigration agents and other law enforcement officers enforcing immigration laws from asserting absolute or qualified immunity as a defense against liability under the proposed bill. It would expressly waive the federal government's sovereign immunity for lawsuits brought under the measure.
Claims could be filed for up to five years after the cause of action accrued. Any award under the legislation would be in addition to any compensation a plaintiff was entitled to under another provision of law.
The proposal would also permanently rescind unobligated immigration enforcement funds made available under the One Big Beautiful Bill, Trump's flagship domestic policy.
Under current U.S. law, citizens who are wrongfully arrested or detained by immigration agents can sue in certain circumstances, but securing compensation can be difficult because of legal restrictions and immunity protections for federal officers. Existing law does not guarantee a minimum payout for unlawful detention. The proposed Justice for Citizens Wrongfully Detained by ICE Act would create a specific legal avenue for eligible U.S. citizens to seek damages.
Hundreds of U.S. citizens have been detained during the Trump administration’s hard-line mass deportation campaign. An investigation by ProPublica found 506 U.S. citizens detained by immigration agents since Trump returned to office.
"ICE does not get to trample on your rights and walk away without consequence. They cannot hide behind their masks and act like they have a license to break the Constitution," Congresswoman Leger Fernández said in a press release.
"My bill is about justice for those Americans and accountability for the officers and a government who violate Americans’ rights."
Detentions sparking concern
Newsweek has documented several cases of U.S. citizens being detained by immigration authorities, prompting concerns about racial profiling, enforcement practices and how agents determine who to stop or detain.
Dayanne Figueroa, a U.S. citizen and paralegal, said Border Patrol agents forcibly removed her from her car in Chicago. Footage appeared to contradict the government's account. Aliya Rahman, a U.S. citizen, said immigration officers pulled her from her vehicle and detained her while she was on her way to a medical appointment in Minneapolis. Brandon Siguenza, another U.S. citizen detained in Minneapolis, previously told Newsweek that federal agents tried to pressure him into providing information about undocumented immigrants while he was in custody.
Brian Garcia Morales, a Texas man who maintained he was a U.S. citizen, was deported to Mexico by ICE before returning to the United States after producing a birth record.
Several U.S. citizens have also been killed in shootings involving federal immigration agents during Trump’s second term. Renee Good and Alex Pretti were fatally shot by federal agents in Minneapolis during Operation Metro Surge. Ruben Ray Martinez, 23, was killed by a federal immigration agent in South Padre Island, Texas. Keith Porter Jr., 43, was fatally shot by an off-duty ICE officer outside his Los Angeles apartment complex on New Year’s Eve.
Democrats have introduced a string of anti-ICE bills aimed at curbing the agency's powers that have had little chance of passing under the current composition of Congress.
Leger Fernández's legislation was introduced and referred to the House Judiciary Committee on October 15, but faces a difficult path through the Republican-controlled Congress. The November midterms could change which party controls the House and Senate, though the bill would have to become law before the 119th Congress ends or be introduced again in the next Congress.
Contact Newsweek editors on this story: Ben Kelly and Trevor Davies