Teresa Leger Fernandez (D-NM)
Justice for Citizens Wrongfully Detained by ICE Act
A Democratic bill with 3 Democratic cosponsors · See all 3 cosponsors
Last activity — Referred to the House Committee on the Judiciary.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
The bill is called the ``Justice for Citizens Wrongfully Detained by ICE Act''. It gives United States citizens a private right of action if they are arrested or detained by immigration officers or law enforcement officers enforcing immigration laws without a warrant or probable cause on or after January 20, 2025. If the court finds in favor of the plaintiff, the bill requires the court to award damages of $500,000 plus $100,000 for each day detained, reasonable attorney fees and costs, and appropriate injunctive or declaratory relief. The bill states that officers cannot assert absolute or qualified immunity as a defense and that the United States waives sovereign immunity. Additionally, the bill permanently rescinds certain unobligated balances of immigration enforcement funds.
Yes· 3 of 7
- Scored +9
Does this protect the right to fair treatment by the courts?
The bill establishes strong legal recourse and substantial financial damages for U.S. citizens wrongfully detained without a warrant or probable cause.
- Scored +8
Does this change how police departments operate?
The bill establishes a private right of action and disallows absolute or qualified immunity for immigration officers enforcing laws without a warrant or probable cause.
- Scored +5
Does this narrow racial gaps in how people are treated?
The bill addresses wrongful arrests and detentions often based on racial profiling against U.S. citizens.
The opposite
- Scored -2
Would immigrants be better off under this?
The bill rescinds certain unobligated balances of immigration enforcement funds, potentially impacting enforcement operations.
Who it would affect, and how
Potential Positive Impacts for People
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Section 3(a): United States citizens who are arrested or detained without a warrant or probable cause by immigration officers or law enforcement officers enforcing immigration laws on or after January 20, 2025, are given the ability to bring an action in a United States district court against the officer and the United States. This holds officials accountable and gives citizens a way to seek justice.
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Section 3(b): If the court rules in favor of the plaintiff, the court must award damages of $500,000 plus $100,000 for each day of detention, along with reasonable attorney's fees, costs, and appropriate injunctive or declaratory relief. This provides direct financial compensation and relief to individuals who were wrongfully detained.
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Section 3(c): Officers are blocked from using absolute or qualified immunity as a defense, and the United States waives its sovereign immunity under this section. This ensures that the government and individual officers cannot use immunity defenses to avoid responsibility for wrongful arrests or detentions.
Potential Negative Impacts for People
- Section 4: The bill permanently rescinds unobligated balances of specific immigration enforcement funds made available by section 100052 of a specific reconciliation act. This could remove funding previously designated for immigration enforcement operations.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Governance And Ideology
- Does this protect the right to fair treatment by the courts? — The bill establishes strong legal recourse and substantial financial damages for U.S. citizens wrongfully detained without a warrant or probable cause. Does this make what the government does easier for the public to see? — The bill holds federal officers and the United States accountable by waiving sovereign immunity in cases of unlawful detention.
- Social Issues And Justice
- Does this change how police departments operate? — The bill establishes a private right of action and disallows absolute or qualified immunity for immigration officers enforcing laws without a warrant or probable cause. Does this narrow racial gaps in how people are treated? — The bill addresses wrongful arrests and detentions often based on racial profiling against U.S. citizens.
- Demographic And Interest Groups
- Would Black Americans be better off under this? — The bill helps protect minority U.S. citizens from wrongful detentions often stemming from racial profiling. Would Hispanic Americans be better off under this? — The bill provides legal protections and remedies for Hispanic U.S. citizens vulnerable to wrongful immigration enforcement actions. Would immigrants be better off under this? — The bill rescinds certain unobligated balances of immigration enforcement funds, potentially impacting enforcement operations.
- Economy And Finance
- Does this reduce what the federal government spends? — The bill permanently rescinds certain unobligated balances of immigration enforcement funds.
- 11/5/2026
- 1 Cosponsor added.
- 10/22/2026
- 1 Cosponsor added.
- 10/15/2026
- Referred to the House Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in House
André CarsonDemocrat · Indiana
Salud CarbajalDemocrat · California
Bonnie Watson ColemanDemocrat · New Jersey