ICE OUT Act

More civil-rights suits against immigration and border officers

This bill would let people bring civil-rights lawsuits against ICE and CBP officers under the federal law 42 U.S.C. 1983. No immunity defense would be allowed when the facts alleged would show excessive force violating the Fourth Amendment. In other cases, an officer could claim immunity only if the officer acted in a way consistent with rights that were clearly established at the time. Courts would have to decide first whether the facts show a constitutional violation before deciding whether the rights were clearly established. If enacted, this would take effect upon enactment.