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119-hr-10826119th Congress

Justice for Citizens Wrongfully Detained by ICE Act

Sponsored By: Representative Leger Fernandez, Teresa [D-NM-3]

Introduced

Summary

Would create a private civil remedy for U.S. citizens wrongfully arrested or detained by immigration enforcement. It would let citizens sue individual officers and the United States, set a damages formula, and bar immunity defenses.

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  • Wrongfully detained U.S. citizens could recover a base $500,000 plus $100,000 per day detained, plus reasonable attorney's fees and possible injunctive or declaratory relief, and must file within 5 years.
  • Immigration officers and law enforcement enforcing immigration laws could not claim absolute or qualified immunity as a defense, making them personally liable in these suits.
  • The bill would waive the United States' sovereign immunity for these claims and allow suits against the federal government. It would also rescind unobligated balances previously made available by Public Law 119-21.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Suing after wrongful immigration detention

If enacted, a U.S. citizen arrested or detained without a warrant or without probable cause on or after January 20, 2025, would be able to sue in federal court. This would apply when an immigration officer or a law enforcement officer enforcing immigration laws makes the arrest or detention. The bill would let the plaintiff sue the officer and the United States and would waive the United States’ sovereign immunity. Defendants could not use absolute or qualified immunity as a defense. If a plaintiff wins, a court would have to award $500,000 plus $100,000 for each day the person was detained after the arrest or detention day. The court would also award reasonable attorney fees and costs and could grant injunctive or declaratory relief. A lawsuit would have to be filed within five years after the claim accrues.

Cancel unspent immigration funds

If enacted, the bill would permanently cancel any unspent amounts made available by section 100052 of Public Law 119-21. The text does not state how much money would be canceled. Those unobligated balances would no longer be available for their previously authorized purposes. The rescission would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Leger Fernandez, Teresa [D-NM-3]

NM • D

Cosponsors

  • Rep. Watson Coleman, Bonnie [D-NJ-12]

    NJ • D

    Sponsored 10/15/2026

  • Rep. Carson, André [D-IN-7]

    IN • D

    Sponsored 10/22/2026

Roll Call Votes

No roll call votes available for this bill.

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