Press Releases

WASHINGTON, D.C. — Today, Congresswoman Teresa Leger Fernández (NM-03) introduced the Justice for Citizens Wrongfully Detained by ICE Act to make sure American citizens wrongfully arrested or detained by immigration enforcement officers can fight back in court. Her legislation would prevent individual officers and the government from claiming qualified or sovereign immunity to avoid accountability and give individuals five years to sue. It would also require courts to award successful plaintiffs $500,000, plus $100,000 for each additional day of detention after the first day.

“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,” said Congresswoman Leger Fernández. “Our government has handcuffed, hauled away, and locked up more than 500 American citizens. Citizens have been deported — including Brian Garcia Morales, who spent four months trying to get home. ICE is proving that nobody is safe from their handcuffs — and that is the purpose, to terrorize our Latino and immigrant communities. My bill is about justice for those Americans and accountability for the officers and a government who violate Americans’ rights.” 

A ProPublica investigation documented 506 U.S. citizens detained by immigration agents since the start of the second Trump administration, including children and Americans detained while recording enforcement operations. The reporting underscores the urgent need for a clear path to accountability when officers violate citizens’ rights.

Leger Fernández’s legislation would allow U.S. citizens arrested or detained without a warrant or without probable cause to sue the officers involved and the United States in federal court. It would remove immunity defenses that can shield officers and the government from liability under current law.

Specifically, the legislation would:

• Give American citizens a path to justice if immigration officers or other officers enforcing immigration laws arrest or detain them after January 20, 2025, without probable cause or a warrant.
• Prevent officers from claiming absolute or qualified immunity and waive the federal government’s sovereign immunity for these lawsuits.
• Require $500,000 in damages for successful plaintiffs, plus $100,000 for each day of detention after the initial day, reasonable attorney’s fees, and appropriate injunctive relief. 
• Give citizens five years to bring a claim, while preserving their ability to seek compensation under other laws. Currently, a person bringing a case under the Federal Tort Claims Act only has two years to act. 
• Rescind remaining unobligated ICE funding provided under the One Big Beautiful Bill Act.