Representative Teresa Leger Fernández (D-NM) introduced legislation on October 15, 2026, to allow U.S. citizens to sue U.S. Immigration and Customs Enforcement (ICE) and other law enforcement officers for wrongful detentions, following reports of over 500 such detentions since January 20, 2025. The bill seeks to establish a specific federal cause of action and minimum compensation for those affected.

This legislation aims to provide a direct legal path and financial remedy for U.S. citizens who have been wrongly held by federal immigration agents. It addresses concerns that U.S. citizens are being subjected to immigration enforcement actions intended for non-citizens, potentially violating their rights.

What the records show

The bill, titled the "Justice for Citizens Wrongfully Detained by ICE Act," was introduced by Representative Leger Fernández and co-sponsored by Representative Bonnie Watson Coleman (D-NJ). The U.S. House of Representatives referred the bill to the House Judiciary Committee.

The proposed law permits U.S. citizens to sue in federal court for arrests or detentions occurring on or after January 20, 2025, made without a warrant or probable cause. It specifically waives the federal government's sovereign immunity, meaning the government cannot claim protection from lawsuits. The bill also removes absolute or qualified immunity for federal immigration agents, which typically shields them from personal liability.

Successful plaintiffs would receive a minimum compensation of $500,000, plus an additional $100,000 for each day of detention beyond the first. The legislation also covers reasonable attorney's fees and costs, as well as other injunctive or declaratory relief. The statute of limitations for these claims would extend to five years. The bill also proposes to rescind unobligated ICE funding from the "One Big Beautiful Bill Act," a piece of legislation signed by President Donald Trump that increased funding for ICE.

This legislation comes after ProPublica reported over 500 U.S. citizens have been detained by immigration agents since President Trump's second term began on January 20, 2025. This total includes approximately a dozen individuals reportedly deported, many of whom were children. More than 100 individuals were held after agents questioned their citizenship, at least 70 children and teens were detained, and at least 63 people were held while recording ICE activity.

The timeline

President Donald Trump began his second non-consecutive term on January 20, 2025. The "Justice for Citizens Wrongfully Detained by ICE Act" addresses detentions and arrests from this date forward. Representative Teresa Leger Fernández introduced the bill on October 15, 2026.

What changed and for whom

Under current law, individuals seeking redress for wrongful acts by federal employees often sue the U.S. government under the Federal Tort Claims Act, rather than directly suing agencies or individual officers. This new bill would create a specific cause of action for U.S. citizens to directly sue ICE and its agents, bypassing existing immunity defenses. This change would give U.S. citizens who believe they were wrongfully detained a clearer and more direct path to seek redress and compensation. It would also place federal immigration agents at greater risk of personal liability for actions deemed wrongful.

What the subject has said publicly

The Department of Homeland Security (DHS) has publicly denied any pattern of wrongful detentions. DHS spokespeople stated the department is “NOT arresting U.S. citizens by mistake” and that its enforcement operations are “highly targeted”.

Organizations have voiced support for the bill. Roman Palomares, National President and National Board Chair for the League of United Latin American Citizens (LULAC), stated, “when the government treats an American citizen as an enemy on American soil, justice must be more than an apology. It must carry a price”. The Center for Law and Social Policy (CLASP) also supports the legislation.

What we could not confirm

We could not confirm specific statements from Republican members of Congress regarding this bill or details of the opposition it faces beyond its referral to a Republican-controlled committee. We also could not confirm any direct comments from President Trump on the legislation.