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To reform qualified immunity standards for officers and agents of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection engaged in law enforcement activities, and for other purposes.
Summary
This bill amends Federal law to reform qualified immunity standards for officers and agents of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection engaged in law enforcement. The bill eliminates qualified immunity as a defense in cases involving excessive force violations of the Fourth Amendment by ICE or CBP agents. For all other civil rights violations, the bill retains qualified immunity but only if the officer acted in a manner consistent with constitutional rights that were clearly established at the time of the conduct. The bill also changes the legal standard by requiring courts to first determine whether the facts alleged constitute a constitutional violation before determining whether the rights were clearly established at the time of the conduct.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
4 cosponsors
Actions (2)
- Jan 30, 2026 Referred to the House Committee on the Judiciary. · house
- Jan 30, 2026 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
January 30, 2026
Mr. Goldman of New York (for himself and Mr. Swalwell) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To reform qualified immunity standards for officers and agents of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection engaged in law enforcement activities, 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 “ICE OUT Act”.
SEC. 2. REFORMING QUALIFIED IMMUNITY STANDARDS FOR ICE AGENTS ENGAGED IN LAW ENFORCEMENT ACTIVITIES.
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—
(1) by inserting “(a)” before “Every person”;
(2) by inserting “of the United States or” before “of any State”; and
(3) by adding at the end the following:
“(b) In the case of any action brought under this section or any other Federal law against an officer or agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection engaged in law enforcement—
“(1) no immunity defense shall be available if the facts alleged by the plaintiff would constitute excessive force in violation of the 4th amendment; and
“(2) in all other cases, an immunity defense shall only be available if the defendant acted in a manner consistent with rights, privileges, or immunities secured by the Constitution and laws clearly established at the time at which the conduct subject to the cause of action occurred.
“(c) In determining when immunity shall apply under subsection
(b)(2), a court must first determine whether the facts alleged would constitute a violation of the rights, privileges, or immunities secured by the Constitution prior to determining whether any such rights were clearly established at the time at which the conduct subject to the cause of action occurred.”. <all>
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