- United States
- Calif.
- Letter
I am writing to urge you to support the ICE OUT (Oversight of Unchecked Tactics) Act, introduced by Representatives Eric Swalwell and Dan Goldman. This legislation would strip qualified immunity from Immigration and Customs Enforcement and Customs and Border Protection agents who use excessive force, creating essential accountability for federal law enforcement.
The current qualified immunity standard is a court-created precedent that makes it nearly impossible for victims to hold ICE officers accountable when their constitutional rights are violated. This protection was never intended by Congress. In fact, the Civil Rights Act of 1871, enacted specifically to combat Ku Klux Klan violence, expressly allowed people to sue government officials, including law enforcement officers, who violated their civil rights. Congress understood then what remains true today: no public official should be shielded from civil liability when they break the law.
The ICE OUT Act would create clearly defined statutory language limiting when immunity applies for ICE and CBP agents. Specifically, it strips immunity in cases where courts find excessive force has been used. The legislation also codifies Bivens doctrine, which guarantees an individual's right to sue federal officers for constitutional violations. These are not radical proposals but basic protections that ensure federal agents face consequences for illegal conduct like breaking into homes without cause, using violence against civilians, or employing tactics that result in serious injury or death.
Representative Goldman has characterized the current situation as an out-of-control agency operating without accountability, beating and killing Americans around the country. The ICE OUT Act creates enforceable guardrails around ICE's conduct and makes clear that agents cannot arbitrarily use excessive force without facing legal consequences. If an ICE agent violates the law, it only makes sense they are held accountable in court.
I urge you to cosponsor and support the ICE OUT Act. Our communities deserve federal law enforcement that respects constitutional rights and faces accountability when those rights are violated.