- United States
- Mo.
- Letter
I am writing to urge you to introduce and co-sponsor the Federal Civil Rights Accountability Act, legislation that would create essential accountability for federal law enforcement officers who violate constitutional rights.
Currently, state and local officers can be sued under 42 U.S.C. § 1983 for constitutional violations, but federal officers from agencies like ICE, CBP, FBI, ATF, DEA, and U.S. Marshals evade similar accountability due to narrow judge-made remedies. This double standard means federal power operates with less oversight than state and local authority, despite federal agencies wielding significant enforcement capabilities including arrest, detention, search, and seizure authority.
The FCRA would close this accountability gap by holding federal officers liable when they, under color of federal authority, deprive any U.S. citizen or person within U.S. jurisdiction of constitutional rights. The legislation would protect Fourth Amendment rights against unreasonable searches and seizures, Fifth and Fourteenth Amendment due process and equal protection, First Amendment free speech and assembly, and Eighth Amendment protections against excessive force.
Recent incidents involving ICE and CBP detaining U.S. citizens demonstrate the urgent need for this reform. The FCRA would eliminate qualified immunity defenses while preserving absolute immunity only for judicial or prosecutorial functions. Officers could raise good-faith defenses but would need to prove them by clear and convincing evidence. Prevailing plaintiffs would be entitled to compensatory and punitive damages, injunctive relief, and attorney's fees.
This legislation creates parity between federal and state accountability while ensuring federal power remains checked by enforceable individual rights. The four-year statute of limitations and prohibition on substituting the United States as defendant ensure officers remain personally liable for constitutional violations.
I ask that you introduce and champion the Federal Civil Rights Accountability Act in current DHS funding and reform negotiations. Please provide written confirmation that you will support this critical legislation to protect constitutional rights and ensure equal accountability across all levels of law enforcement.