H.R. 10826

Lets citizens sue over immigration arrests without cause

U.S. citizens arrested or held by immigration officers or by police enforcing immigration laws without a warrant or probable cause could sue for at least $500,000, plus $100,000 for each day held.

  • Applies to immigration officers and to police enforcing immigration laws, including under 287(g) agreements
  • Damages are $500,000 plus $100,000 for each day of detention, plus attorney fees
  • Officers could not use absolute or qualified immunity as a defense, and the government waives its immunity
  • Covers arrests and detentions on or after January 20, 2025; suits must be filed within 5 years

In committee

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