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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7284 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7284
To reform qualified immunity standards for officers and agents of U.S.
Immigration and Customs Enforcement or U.S. Customs and Border
Protection engaged in law enforcement activities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2026
Mr. Goldman of New York (for himself and Mr. Swalwell) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform qualified immunity standards for officers and agents of U.S.
Immigration and Customs Enforcement or U.S. Customs and Border
Protection engaged in law enforcement activities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ICE OUT Act''.
SEC. 2. REFORMING QUALIFIED IMMUNITY STANDARDS FOR ICE AGENTS ENGAGED
IN LAW ENFORCEMENT ACTIVITIES.
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended--
(1) by inserting ``(a)'' before ``Every person'';
(2) by inserting ``of the United States or'' before ``of
any State''; and
(3) by adding at the end the following:
``(b) In the case of any action brought under this section or any
other Federal law against an officer or agent of U.S. Immigration and
Customs Enforcement or U.S. Customs and Border Protection engaged in
law enforcement--
``(1) no immunity defense shall be available if the facts
alleged by the plaintiff would constitute excessive force in
violation of the 4th amendment; and
``(2) in all other cases, an immunity defense shall only be
available if the defendant acted in a manner consistent with
rights, privileges, or immunities secured by the Constitution
and laws clearly established at the time at which the conduct
subject to the cause of action occurred.
``(c) In determining when immunity shall apply under subsection
(b)(2), a court must first determine whether the facts alleged would
constitute a violation of the rights, privileges, or immunities secured
by the Constitution prior to determining whether any such rights were
clearly established at the time at which the conduct subject to the
cause of action occurred.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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