Rep. Thanedar moves to end ICE agents’ legal immunity

The legislation would amend federal law to ensure individuals can pursue legal action against ICE agents for violations of constitutional rights.

Shri Thanedar / File Photo

Indian American Congressman Shri Thanedar (MI-13) on Aug. 12 introduced legislation that would strip U.S. Immigration and Customs Enforcement (ICE) personnel of legal protections shielding them from civil lawsuits over alleged constitutional violations.

The measure, titled the Ending Qualified Immunity for Immigration and Customs Enforcement Agents Act (H.R. TBD), targets the legal doctrine of qualified immunity, which currently prevents many lawsuits against federal officers unless the violation was of a “clearly established” right.

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Thanedar said the reform is necessary amid concerns over ICE’s expanding powers and aggressive enforcement tactics, particularly following the passage of the “One Big Beautiful Bill,” which allocates over $170 billion in federal funding to the agency.

“Trump’s ICE is following a ‘deport now, ask questions later’ policy,” Thanedar said. “They are more interested in hitting quotas and racial profiling than they are in treating people with basic respect and dignity. We’ve seen ICE detain Americans with impunity and commit gross civil rights violations.”

“Qualified Immunity protects them from being held accountable. No more. No one should be above the law, especially those entrusted with enforcing it,” he added.

The legislation would amend federal law to ensure individuals can pursue legal action against ICE agents for violations of constitutional rights, regardless of whether the agents acted in good faith or believed their conduct to be lawful at the time.

“If an ICE agent violates the law, it only makes sense they are held accountable just like civilians,” Thanedar said. “With Trump allocating an additional $75 billion to ICE, it's more important than ever that we demand strict oversight and accountability.”

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