H.R. 10826: Justice for Citizens Wrongfully Detained by ICE Act

This bill would create a way for U.S. citizens to sue immigration officers, or other law enforcement officers enforcing immigration laws, if they are arrested or detained without a warrant or without probable cause on or after January 20, 2025.

What a person could recover

If a court rules in the person’s favor, the bill would require the court to award:

• $500,000 in damages, plus
• $100,000 for each day the person was detained after the arrest or detention,
• Attorney’s fees and court costs, and
• Any injunctive or declaratory relief the court thinks is appropriate.

Who could be sued

The lawsuit could be filed against:

• The individual officer, and
• The United States government.

Limits and legal rules

• The lawsuit would have to be filed within 5 years after the claim arises.
• Officers could not use qualified immunity or absolute immunity as a defense under this bill.
• The federal government would be treated as having waived sovereign immunity for these claims, meaning it could be sued under this law.
• Any money awarded under this bill would be in addition to any other legal recovery the plaintiff may already be entitled to receive.

Other funding change

The bill would also permanently cancel any unobligated funds made available under a specific immigration-related reconciliation law section from Public Law 119-21. In plain terms, money that had been set aside there but not yet committed would be taken away and no longer available for use.

Relevant Companies

None found.