Goldman, Swalwell Introduce New Legislation to Hold ICE Agents Accountable for Excessive Force

ICE OUT Act Would Strip Immunity from ICE and CBP Agents 

Washington, D.C. - Today, U.S. Representatives Dan Goldman (NY-10) and Eric Swalwell (CA-14) introduced the ICE OUT (Oversight of Unchecked Tactics) Act, legislation which would strip qualified immunity from Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents who use excessive force and ensure that victims of excessive force can seek justice. 

Qualified immunity is a court-created precedent that significantly limits victims of violence and misconduct from holding officers accountable when their constitutional rights have been violated. Under the current standard, it is difficult for victims to bring ICE officers to trial and to seek justice for violations of their rights. The bill would create an enforceable guardrail around ICE’s conduct and make it clear to ICE agents that they can no longer arbitrarily use excessive force without expecting to face consequences.  

“An out-of-control, untrained, secret ICE paramilitary is beating and killing Americans all around the country without any accountability from this administration,” said Rep. Goldman. “To ensure there is some accountability, we must end the current qualified immunity standard for ICE and CBP agents. ICE agents must be held accountable when they illegally use excessive force and victims must be able to get justice. I will keep pushing Congress to do everything in its power to rein in this authoritarian immigration dragnet.”

“ICE is not invincible,” said Rep. Swalwell. “This bill ensures that ICE agents lose qualified immunity when they use excessive force. We’re putting an end to masked federal agents dragging people by the hair, breaking into homes without cause, and killing Americans in cold blood. Civil rights laws exist; now Congress must step in to defend the rights of the most vulnerable in our communities.”

The ICE OUT Act would create clearly defined language in statute that limits the circumstances in which immunity may apply for ICE and CBP agents. Specifically, the bill would strip immunity from ICE and CBP agents in instances where courts find that excessive force has been used. It would also codify Bivens doctrine, guaranteeing an individual’s right to sue federal officers when their constitutional rights have been violated. By doing so, this bill will create the opportunity for the victims of excessive force to finally have their day in court.  
 

Full text of the legislation is available here. 
 

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