Justice for Citizens Wrongfully Detained by ICE Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10826 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10826

   To establish a private right of action for citizens of the United 
  States who are arrested or detained by immigration officers or law 
 enforcement officers enforcing the immigration laws without a warrant 
               or probable cause, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2026

 Ms. Leger Fernandez (for herself and Mrs. Watson Coleman) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
   To establish a private right of action for citizens of the United 
  States who are arrested or detained by immigration officers or law 
 enforcement officers enforcing the immigration laws without a warrant 
               or probable cause, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Citizens Wrongfully 
Detained by ICE Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Under the Trump administration, United States citizens 
        have been wrongfully stopped, arrested, and detained by 
        immigration officers and law enforcement officers enforcing the 
        immigration laws.
            (2) Wrongfully arrested and detained individuals are often 
        stopped based on racial profiling and in violation of the First 
        and Fourth Amendments to the United States Constitution.
            (3) Immigration officers and law enforcement officers 
        enforcing the immigration laws do not have immunity from 
        violating the Constitution, including the First and Fourth 
        Amendments, when making stops, arrests, and detentions.
            (4) United States citizens who have been wrongfully 
        arrested and detained deserve justice and compensation.

SEC. 3. PRIVATE RIGHT OF ACTION.

    (a) In General.--A citizen of the United States who is arrested or 
detained by an immigration officer or by a law enforcement officer 
enforcing the immigration laws (including pursuant to an agreement 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g))) without a warrant or without probable cause on or after 
January 20, 2025, may bring an action in an appropriate district court 
of the United States against such officer and against the United States 
for relief described in subsection (b).
    (b) Relief.--In an action under subsection (a) in which the court 
finds in favor of the plaintiff, the court shall award the plaintiff--
            (1) damages in the amount of--
                    (A) $500,000; plus
                    (B) $100,000 for each day the individual was 
                detained after the day on which the individual was 
                arrested or detained;
            (2) reasonable attorney's fees and costs; and
            (3) such injunctive or declaratory relief as may be 
        appropriate.
    (c) Limitations and Immunity.--
            (1) Period of limitations.--A civil action under this 
        section may not be commenced later than 5 years after the cause 
        of action accrues.
            (2) No immunity defense.--No immigration officer or law 
        enforcement officer enforcing the immigration laws shall be 
        entitled to assert any form of absolute or qualified immunity 
        as a defense to liability under this Act.
            (3) Waiver of sovereign immunity.--The United States 
        expressly waives sovereign immunity with respect to actions 
        under this section.
    (d) No Limitation on Other Claims.--Any award under subsection (b) 
shall be in addition to any other amount the plaintiff has the right to 
receive under any other provision of law.
    (e) Definitions.--In this section, the terms ``immigration 
officer'' and ``immigration laws'' have the meanings given such terms 
in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

SEC. 4. RESCISSION OF CERTAIN IMMIGRATION ENFORCEMENT FUNDS.

    There is permanently rescinded the unobligated balances of amounts 
made available by section 100052 of the Act titled ``An Act to provide 
for reconciliation pursuant to title II of H. Con. Res. 14'' (Public 
Law 119-21).
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