1. United States
  2. N.Y.
  3. Letter

Urgent: Congress Must Reject “Full Immunity” Claims for ICE Use of Force

To: Sen. Gillibrand, Sen. Schumer, Rep. Tonko

From: A constituent in Pattersonville, NY

January 14

I’m a constituent urging immediate congressional action after DHS publicly amplified the claim that ICE officers have “full federal immunity” during operations. Recent reporting describes repeated incidents involving federal immigration officers using gunfire against civilians in vehicles, alongside serious public concern about oversight and accountability. The Constitution does not permit an executive force to operate beyond accountability. The Fourth Amendment bars unreasonable seizures and excessive force; the Fifth Amendment guarantees due process before the federal government deprives any person of life or liberty; and Congress has clear authority—and responsibility—under Article I to set guardrails, fund or defund programs, and conduct oversight (U.S. Const. amends. IV–V; art. I, §8). The Supremacy Clause makes federal law supreme over conflicting state law, but it does not create blanket immunity from criminal law or civil accountability (U.S. Const. art. VI, cl. 2). ICE’s primary mission is civil immigration enforcement, not community policing. Congress must ensure that any federal officer who uses force against civilians is subject to transparent rules, independent investigation, and meaningful consequences when rights are violated. Please: 1. Clarify by statute that no DHS/ICE officer has categorical immunity from federal or state criminal prosecution for unlawful force, and reaffirm enforcement of 18 U.S.C. §242 (deprivation of rights under color of law). 2. Create an explicit civil cause of action for constitutional violations by federal officers and bar “qualified immunity” as a defense in those cases. 3. Condition DHS/ICE appropriations on body-worn cameras, public use-of-force reporting, and evidence-sharing with appropriate state authorities. Public safety depends on the rule of law—not “immunity.” I ask you to hold hearings and sponsor legislation now.

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