U.S. citizens wrongfully arrested or detained by immigration authorities could receive at least $500,000 in damages under a new bill introduced in Congress. Teresa Leger Fernández of New Mexico introduced the Justice for Citizens Wrongfully Detained by ICE Act on Thursday. Bonnie Watson Coleman, a New Jersey Democrat, is the only co-sponsor at the time of writing.
The legislation would establish a specific cause of action for U.S. citizens arrested or detained by immigration officers, or other law enforcement officers enforcing immigration laws, without a warrant or probable cause on or after January 20, 2025. Those citizens could bring a lawsuit in federal district court against the officer involved and the U.S. If a court ruled in favor of the plaintiff, the bill would require an award of $500,000, plus another $100,000 for each day the person remained detained after the initial day of arrest or detention.
Successful plaintiffs would also be entitled to reasonable attorney's fees and costs, as well as appropriate injunctive or declaratory relief. The legislation would also prevent federal immigration agents and other law enforcement officers enforcing immigration laws from asserting absolute or qualified immunity as a defense against liability under the proposed bill. It would expressly waive the federal government's sovereign immunity for lawsuits brought under the measure.
Claims could be filed for up to five years after the cause of action accrued. Any award under the legislation would be in addition to any compensation a plaintiff was entitled to under another provision of law. The proposal would also permanently rescind unobligated immigration enforcement funds made available under the One Big Beautiful Bill, Trump's flagship domestic policy.
Under current U.S. law, citizens who are wrongfully arrested or detained by immigration agents can sue in certain circumstances, but securing compensation can be difficult because of legal restrictions and immunity protections for federal officers. Existing law does not guarantee a minimum payout for unlawful detention. The proposed Justice for Citizens Wrongfully Detained by ICE Act would create a specific legal avenue for eligible U.S. citizens to seek damages.
Hundreds of U.S. citizens have been detained during the Trump administration’s hard-line mass deportation campaign. An investigation by ProPublica found 506 U.S. citizens detained by immigration agents since Trump returned to office. "ICE does not get to trample on your rights and walk away without consequence.
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