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HR10826

Justice for Citizens Wrongfully Detained by ICE Act

Last scannedOct 19, 2026, 2:45 AM

In one sentence

This bill allows U.S. citizens to sue immigration officers and the government for money if they are arrested or detained without a warrant or probable cause.

Creates a legal right for U.S. citizens to sue officers who arrest or detain them without a warrant or probable cause.
Sets a fixed payment of $500,000 plus $100,000 for each day of detention if the court rules in favor of the citizen.
Requires the court to pay the citizen's attorney fees and costs if the citizen wins the case.
Removes the ability of officers to use immunity defenses to avoid paying damages.
Waives the government's sovereign immunity so it can be sued for these actions.
Permanently cancels unspent funds from a previous immigration enforcement budget.

U.S. citizens who are arrested or detained by immigration or law enforcement officers.
Immigration officers and law enforcement officers enforcing immigration laws.
The United States government, which may have to pay damages and legal fees.

The bill only applies to arrests or detentions that happen on or after January 20, 2025.
Citizens must file their lawsuit within 5 years of the incident.
The bill is currently in the House Committee on the Judiciary and has not yet become law.

Plain language

Private right of action: A legal rule that allows an individual to sue the government or an officer directly in court.
Probable cause: A reasonable belief, based on facts, that a person has committed a crime or that evidence of a crime will be found.
Sovereign immunity: A legal principle that usually prevents the government from being sued unless it agrees to be sued.
Section 287(g): A law that allows local law enforcement officers to help enforce federal immigration laws.

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