ICE OUT Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7284 Introduced in House (IH)]

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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.


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                    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

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                                 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.''.
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