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Bill would pay $500,000 to U.S. citizens wrongfully detained by ICE
Rep. Teresa Leger Fernández has introduced a bill that would let U.S. citizens wrongfully arrested or detained by immigration officers sue for at least $500,000, plus $100,000 for each additional day in detention, with no immunity for officers.
Ally Daily Editorial DeskUpdated:
A Democratic lawmaker has introduced legislation that would let American citizens who were wrongfully arrested or detained by immigration officers sue the federal government for at least $500,000.
Rep. Teresa Leger Fernández of New Mexico introduced the Justice for Citizens Wrongfully Detained by ICE Act on Oct. 15. The bill, listed as H.R. 10826, was referred to the House Judiciary Committee.
What the bill would do
The measure would create a right to sue for U.S. citizens arrested or detained without a warrant or probable cause by immigration officers, or other officers enforcing immigration law, on or after Jan. 20, 2025. Claims could be filed in federal district court against both the officer and the United States.
If a court ruled for the plaintiff, it would have to award $500,000, plus $100,000 for each day of detention after the first, along with reasonable attorney’s fees and appropriate injunctive or declaratory relief. Officers could not claim qualified or absolute immunity, and the bill would waive the federal government’s sovereign immunity.
Plaintiffs would have five years to file, compared with two years under the Federal Tort Claims Act. The awards would come on top of any other compensation available under law, and the bill would rescind remaining unobligated ICE funds from the One Big Beautiful Bill Act.
“More than 500 American citizens”
“ICE does not get to trample on your rights and walk away without consequence,” Leger Fernández said. “Our government has handcuffed, hauled away, and locked up more than 500 American citizens.” She also said officers “cannot hide behind their masks and act like they have a license to break the Constitution.”
The bill cites a ProPublica investigation that documented 506 U.S. citizens detained by immigration agents since the start of President Donald Trump’s second term, including children and people detained while recording enforcement operations. Leger Fernández’s office pointed to Brian Garcia Morales, a citizen who was deported and spent four months trying to get home.
Rep. Bonnie Watson Coleman of New Jersey is the original cosponsor. The League of United Latin American Citizens (LULAC) and the Center for Law and Social Policy endorsed the bill. “The Constitution is not a privilege granted by a badge,” said LULAC National President Roman Palomares.
DHS: Claims are “false”
The Department of Homeland Security rejected the premise. “Allegations that ICE is arresting and deporting U.S. citizens is FALSE,” a spokesperson told Newsweek, adding that people briefly questioned under reasonable suspicion who are found to be citizens “are immediately released” and that “assaulting and obstructing ICE law enforcement is a crime and felony.”
The bill faces long odds in the Republican-controlled Congress. To become law, it would have to pass before the current Congress ends or be reintroduced next year, after November’s midterm elections.
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