Amid a troubling pattern of violence by ICE and CBP officers, the law does not include the right to sue federal law enforcement for violating constitutional rights
Washington, D.C. – U.S. Senator Ron Wyden (D-Ore.) said today that he is introducing legislation that would allow individuals — regardless of citizenship — the right to sue federal law enforcement officers and agencies in civil court for violating their civil and constitutional rights.
Federal agencies can easily act with impunity when there are no effective avenues to hold them accountable. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have shown troubling patterns of violence and excessive force in Portland (Ore.), Los Angeles, Chicago, among other cities. And these federal agencies under Donald Trump also expanded their sweeping enforcement raids into cities like Charlotte and New Orleans. Their reckless actions have eroded public trust and weakened the basic principles of constitutional accountability.
“Donald Trump is throwing due process and constitutional rights out the window in his rush to dehumanize and deport immigrants who are living peacefully in the United States,” Wyden said. “As ICE and CBP follow Trump’s marching orders, people must have the tools needed to stop this administration from carrying out its cruel and inhumane mass deportation agenda. I support restoring due process rights by giving people the right to sue law enforcement agencies for carrying out Trump’s authoritarian fever dream.”
Currently, the law is limited to letting individuals sue state and local officers for constitutional violations. In addition, courts have repeatedly narrowed a U.S. Supreme Court decision that allowed some lawsuits against federal officers, leaving many victims of federal misconduct without meaningful recourse. The Accountability for Federal Law Enforcement Act would give people the right to sue federal officers for doing the same.
The Accountability for Federal Law Enforcement Act was led by U.S. Senators Alex Padilla (D-Calif.), ranking member of the Senate Judiciary Immigration Subcommittee, and Richard Blumenthal (D-Conn.). Joining Wyden, the legislation was cosponsored by Senators Cory Booker (D-N.J.), Edward J. Markey (D-Mass.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.) and Sheldon Whitehouse (D-R.I.).
The Accountability for Federal Law Enforcement Act would close the loophole in accountability for federal officers by:
- Allowing lawsuits against federal agencies when their employees violate constitutional rights, and
- Waiving sovereign immunity for these claims in federal court to redress the harms inflicted upon victims;
- Preserving existing defenses for individual officers.
The bill is endorsed by the American Civil Liberties Union and Brennan Center.
A one-pager on the bill is here.
Full text of the bill is here.
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