Justice for Citizens Wrongfully Detained by ICE Act

Teresa Leger Fernandez

Democrat · NM · Representative

Source: Congress.gov · FEC

• Bonnie Watson Coleman (D-NJ-12)Original· 2026-10-15

Referred to the House Committee on the Judiciary.

2026-10-15

Source: Congress.gov

Plain-English summary pending. Introduced on 2026-10-15. Check back soon — summaries are generated as bills progress through Congress.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10826 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 10826 To establish a private right of action for citizens of the United States who are arrested or detained by immigration officers or law enforcement officers enforcing the immigration laws without a warrant or probable cause, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 15, 2026 Ms. Leger Fernandez (for herself and Mrs. Watson Coleman) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To establish a private right of action for citizens of the United States who are arrested or detained by immigration officers or law enforcement officers enforcing the immigration laws without a warrant or probable cause, 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 ``Justice for Citizens Wrongfully Detained by ICE Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Under the Trump administration, United States citizens have been wrongfully stopped, arrested, and detained by immigration officers and law enforcement officers enforcing the immigration laws. (2) Wrongfully arrested and detained individuals are often stopped based on racial profiling and in violation of the First and Fourth Amendments to the United States Constitution. (3) Immigration officers and law enforcement officers enforcing the immigration laws do not have immunity from violating the Constitution, including the First and Fourth Amendments, when making stops, arrests, and detentions. (4) United States citizens who have been wrongfully arrested and detained deserve justice and compensation. SEC. 3. PRIVATE RIGHT OF ACTION. (a) In General.--A citizen of the United States who is arrested or detained by an immigration officer or by a law enforcement officer enforcing the immigration laws (including pursuant to an agreement under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))) without a warrant or without probable cause on or after January 20, 2025, may bring an action in an appropriate district court of the United States against such officer and against the United States for relief described in subsection (b). (b) Relief.--In an action under subsection (a) in which the court finds in favor of the plaintiff, the court shall award the plaintiff-- (1) damages in the amount of-- (A) $500,000; plus (B) $100,000 for each day the individual was detained after the day on which the individual was arrested or detained; (2) reasonable attorney's fees and costs; and (3) such injunctive or declaratory relief as may be appropriate. (c) Limitations and Immunity.-- (1) Period of limitations.--A civil action under this section may not be commenced later than 5 years after the cause of action accrues. (2) No immunity defense.--No immigration officer or law enforcement officer enforcing the immigration laws shall be entitled to assert any form of absolute or qualified immunity as a defense to liability under this Act. (3) Waiver of sovereign immunity.--The United States expressly waives sovereign immunity with respect to actions under this section. (d) No Limitation on Other Claims.--Any award under subsection (b) shall be in addition to any other amount the plaintiff has the right to receive under any other provision of law. (e) Definitions.--In this section, the terms ``immigration officer'' and ``immigration laws'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). SEC. 4. RESCISSION OF CERTAIN IMMIGRATION ENFORCEMENT FUNDS. There is permanently rescinded the unobligated balances of amounts made available by section 100052…

of the Act titled ``An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14'' (Public Law 119-21). <all>

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