August 8, 2025
Mr. Thanedar (for himself and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on the Judiciary
To end qualified immunity for U.S. Immigration and Customs Enforcement agents.
Section 1. Short title
This Act may be cited as the Ending Qualified Immunity for ICE Agents Act
.
Sec. 2. Ending qualified immunity for ICE agents
Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following:
It shall not be a defense or immunity in any action brought under this section or any other Federal law against a U.S. Immigration and Customs Enforcement agent that—
(1)
the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or
(2)
the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.