Support Legislation to Strip ICE Agents Qualified Immunity Defense

Today I take pen in hand to write and urge you to support the forthcoming legislation from Representatives Eric Swalwell and Dan Goldman that would strip qualified immunity protections from Immigration and Customs Enforcement agents. This bill is a necessary response to escalating violence and misconduct during immigration enforcement operations. The fatal shooting of Renee Good, a 37-year-old woman killed by ICE agents in Minneapolis demonstrates the urgent need for accountability. In a separate incident in Portland, two people were hospitalized after being shot by Border Patrol representatives. These are not isolated events but part of a disturbing pattern that includes deporting a six-year-old stage 4 cancer victim who was a U.S. citizen and agents dragging women by their hair into unmarked vans. Under current law, qualified immunity makes it nearly impossible to hold ICE agents accountable for misconduct. Officers can use subjective arguments about their personal beliefs to justify their actions, such as claiming they subjectively believed someone was driving at them, regardless of objective reality. This standard has created a culture where agents act as if they are invincible and untouchable, much like the immunity that the Roberts Supreme Court granted our imbecile President. The proposed legislation makes sense: It would change the standard from subjective to objective testing for civil enforcement officers. It would remove immunity protection when agents act completely outside their duties and responsibilities, eliminate protection against lawsuits alleging constitutional rights violations, and remove certain criminal defenses that currently make prosecutors hesitant to pursue such cases. I can’t say it strongly enough: Immigration enforcement should not come at the cost of constitutional rights or human lives. When federal agents shoot someone three times in the face during a civil enforcement action, there must be meaningful legal recourse. This bill creates the accountability framework necessary to protect communities while still allowing legitimate law enforcement operations. I strongly urge you to cosponsor and vote for this legislation when it is introduced. Our communities deserve protection from federal agents who abuse their authority. Thank you.