An Immigration and Customs Enforcement officer's badge is seen as federal agents patrol the halls of immigration court in New York City on June 10, 2025. (Photo by Michael M. Santiago/Getty Images)
Michigan’s U.S. Rep. Shri Thanedar introduced legislation Thursday that would strip federal Immigration and Customs Enforcement agents of their qualified immunity protections, allowing individuals to sue agents who violate constitutional rights.
The Detroit Democrat’s bill, “Ending Qualified Immunity for ICE Agents Act,” comes amid growing concerns over what advocates describe as aggressive enforcement tactics by ICE, particularly in the wake of $170 billion being allocated to the agency with passage of the “One Big Beautiful Bill Act,” a sweeping GOP tax and spending measure endorsed by President Donald Trump.
“Trump’s ICE is following a ‘deport now, ask questions later’ policy,” Thanedar said in a press release. “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.”
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Qualified immunity is a legal doctrine that protects government officials from civil liability unless a plaintiff can prove that a “clearly established” statutory or constitutional right was violated.
Thanedar’s proposal would remove this defense specifically for ICE agents, regardless of whether they believed their actions were legal 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.”
The legislation arrives as reports continue to surface of ICE agents detaining individuals at locations including courthouses, schools, and places of worship, often while masked and without providing clear identification.
While critics argue that the increased funding of the agency provided under the new law will embolden such tactics and prevent meaningful oversight, the measure is unlikely to gain much traction in the Republican-controlled U.S. House.
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